How do my U.S. citizen boyfriend and I go about getting married? 5 Answers as of May 05, 2014I was married in a civil ceremony in Philippines and have been separated for almost 10 years now. I met my U.S. citizen boyfriend last year and ask me to marry him in the U.S. My question is: Is it possible for us to get married there though we (in Philippines) do not have divorce? If I go there under fiance visa, can I file a divorce there and get married to my boyfriend?
Lawyer for Indie Media | Sue Basko
You should consult with an immigration attorney. You will need to be sure your marriage meets the requirements of being a real marriage, rather than a so-called green card marriage. You will also need to be sure the court will have jurisdiction over any divorce. These are complicated things with long-lasting serious consequences. You need a good immigration lawyer. If you can find one that regularly does business with the Philippines, the work will likely go much smoother and faster.
Answer Applies to: Illinois
Musilli Brennan Associates PLLC | John F Brennan
You certainly cannot marry in United States until the divorce is granted and final. If there are no divorce is available in the Philippines then you'll have to come to the United States, establish residency, and file for divorce here as a resident. As for the INS position regarding your entry as a fiance, that is another matter, but you must be extremely honest with the INS otherwise your application will be deemed fraudulent and will be subject to immediate deportation.
Answer Applies to: Michigan