Can my new wife from Honduras get a green card? 5 Answers as of September 03, 2014

When my wife came to the states in 2013 she came on a visa for a work training, I meet her and felt in my heart that I wanted to marry her she's 44 and I'm 43, so in two months I married her and soon to find out that she quit her job, and never went to training, plus after 17 years she never got a divorce. How or what advice can you give me on what I should do? I do love her and I feel she does too but how does this affect us on me getting her a green card? She's been living with me for a year now but she wants to get a legit divorce but she can't go back for the fear of never returning back to us. This is very complex don't know what to do first?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You need to consult with a family attorney to understand whether and how she can obtain a divorce in the US because until she is legally divorced from her current husband, you are not able to legally marry her or petition for her green card. You may have gotten married to her but this marriage is not legal if she was already married at that time.
Answer Applies to: California
Replied: 9/3/2014
Penn Law
Penn Law | Gigi Penn
Your marriage to her may not be valid because she never got a divorce from her previous marriage. Therefore, firstly, she must get a divorce before you two can marry. Consult a divorce lawyer to assist her with this. This is generally not the right forum to discuss your "very complex" immigration issues. Consult an immigration lawyer to assist you.
Answer Applies to: Washington
Replied: 9/3/2014
Coane and Associates
Coane and Associates | Bruce Coane
While every case is different, typically, she'd have to divorce her first spouse and then re-marry the USA citizen. Then, assuming she's otherwise eligible, she could finish her case.
Answer Applies to: Texas
Replied: 9/3/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
She would be best advised to have a private consultation. She needs to first divorce her husband. Your marriage is not valid as she was already married. She may be able to pursue a divorce in the United States. Once divorced, you would need to marry a again at which time she might be able to pursue adjustment of status. However, a lot more information is needed as there may be other issues.
Answer Applies to: New York
Replied: 9/3/2014
Law Offices of Linda Rose Fessler | Linda Fessler
She has done so many things wrong, it is probably best to leave things as they are. Otherwise, she will probably be deported with a ban.
Answer Applies to: California
Replied: 9/3/2014
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