How can I obtain a green card for my Mexican citizen wife? 4 Answers as of February 24, 2011

I married a Mexican citizen woman in Mexico while still being married to another woman in the US. I am divorced from the former woman in Mexico and want to validate it in the US so I can get my current wife a green card. Can I do this without getting in legal trouble?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If the divorce was legal in Mexico it is recognized in the U.S. and does not need to be validated. When you file for your current spouse make sure you have a termination of marriage for each prior spouse before you married your current spouse. Some states permit a divorce from prior spouse after marriage to current spouse and would recognize the current marriage to be valid as of the date of the divorce. If you are not in a state that permits this you would need to get re-married to your current wife. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below.

I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation. We are also able to assist you in the permanent residency process for your current spouse and can advise you forms, costs, timing after we learn all the facts of your prior marriages and their terminations.
Answer Applies to: California
Replied: 2/24/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Better arrange for a consultation with an attorney in your area who handles domestic relations as well as criminal matters such as bigamy.
Answer Applies to: Virginia
Replied: 2/5/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You need to speak to an immigration attorney. If you married your second wife before your divorced your first wife, your current marriage is not legal and cannot be bases to petition your wife for an immigration benefit. The later divorce from your first wife does not retroactively cure the fact that you were not legally able to marry your second wife at the time you did.

I do not know what you mean by you saying you what "validate the divorce in the U.S." A foreign divorce is legal in the U.S. if it was properly granted in the foreign country. However, some states in the US will not recognize a foreign divorce if at the time it was granted you were not living or residing in the foreign country. You have to check the law of the state you were residing in at the time of the divorce.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your current marriage certificate is bigamy, which is criminal offense. Yes, you will be in trouble with the law. You should hire a criminal lawyer to address this problem for you first.
Answer Applies to: Florida
Replied: 2/3/2011
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