Can my wife get a green card even if I divorced the first wife after I married her? 3 Answers as of October 14, 2010

I am u.s citizen I filled a Petition for my wife in Amman, Jordan when my application was rejected because I have got married from my Second wife in Amman 08/25/2006 and I was separated from my first wife Jan/2006 and I was in progress of getting a divorce which was done in the U.S.A in Jan/03/2007 after the second marriage Which I did not do anything illegal in Jordan by marrying a second wife wile still not completely divorced from The first one not realizing that going to be a problem for me when filing Petition for my wife when we came to a dead end solution for filling petition for my wife which I have from her now 3 kids all u.s citizens and I have 4 other kids from the first wife still living in the U.S.A which I need to go back to be with them and I need to get them together with there sisters here and step mother. Which it has already passed 4 years for this divorce which I did not realize my mistake till this point and it is going to affect me later. Can a lawyer fix this problem in the U.S.A if my wife comes by visa with me to U.S.A? If the problem can not be solved should we get married again in U.S? Please help.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is that: 1) if you have sponsored one wife for a marriage-based permanent visa, and you divorce her, you are not required, since you are a U.S. citizen, to file for your second wife, as long as there is proof that your marriage is valid under the law of your country of origin, and the previous marriage is now terminated. However, you, as a U.S. citizen, participated in a marriage with a foreign national while a valid marriage still existed in the U.S. And even though your first marriage was terminated before you petitioned your present wife, that first marriage is considered "void ab initio", void from the start, and it's still void, unless you show that it was valid in Jordan.

You will have to show proof that the earlier marriage is now terminated, and that you did not attempt to petition until after the first marriage is terminated. However, there is a strong motive for the State Department official to suspect marriage fraud via bigamy, which may cause your wifes application to be denied. You need a lawyer.

If you want to discuss how we may cure this problem, by all means e-mail or phone me
Answer Applies to: California
Replied: 10/14/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You need to get married to your wife again so the marriage is valid because you can only have one wife at any given time under US law. Once you are legally and lawfully married, you can petition for her.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 10/1/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You will have to get married again. Bigamous marriage, though okay in Jordan, is illegal in the US. You have actually committed bigamy. But that is okay because if you divorced your first wife, and married your second wife, your second wife can still get a green card to come to the United States. I can help you bring your second wife to the United States as the attorney on the case. If you need help please email me.
Answer Applies to: California
Replied: 10/1/2010
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