Legal Question in Immigration Law in Virginia

Re: marriage

You could probably initiate a suit to obtain a decree to annul the marriage under Section 20-89.1(a)of the Va. Code based upon fraud (unless you've continued to cohabit with this person after learning of the situation) or, in the alternative, simply file for divorce under Sec. 20-91 of the Code after you've met the conditions

of the particular provision under which you're filing your suit.

You yourself would not be subject to any penalty or sanction for any possible bigamy committed by your husband.

Note: Proving that your husband was actually married in Mexico could be very difficult unless he's willing to swear to it and can produce documentation to support his claim. Furthermore, if you've been having difficulties geeting along with him, there's always the possiblity that his claim is a complete fabrication and he's merely using this as a means to harasss you.

Re: marriage

Mr. Henderson gives some excellent points regarding the validity of your marriage and addressing that.

For immigration purposes, any marriage between a U.S. citizen and a non-citizen is PRESUMED to be fraudulent unless the INS (now called CIS) is persuaded that it is legitimate. In a case like this (if it is true), I would imagine that the INS/CIS would not be convinced that someone still married to a Mexican sincerely married an American citizen. The INS/CIS has to be convinced that a marriage is sincere and genuine and not simply entered into for the purpose of gaining favorable immigration status.

Also, there is a minimum period of time when the marriage must continue or else it has no effect for immigration purposes. The marriage must last for at least 3 years (actually I don't recall if it is now 3.5 years). The foreign spouse's immigration status may be revoked if the marriage does not continue for the minimum period of time.

Note that I am talking here about the effect of the marriage on his immigration status. These are separate questiosn from the marriage itself. For example, a marriage between an American citizen and a foreigner can be the most valid and real marriage imaginable, legally valid, for 2.5 years. But it just won't establish continued immigration status until it lasts for the minimum period of time. So whether the marriage is legally valid as a marriage is a different question from whether the person has valid immigration status in the U.S.