How do my U.S. citizen boyfriend and I go about getting married? 5 Answers as of May 05, 2014

I 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?

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Fran Brochstein
Fran Brochstein | Fran Brochstein
You appear to be legally married. You need to get a divorce before you marry someone else.
Answer Applies to: Texas
Replied: 5/5/2014
Lawyer for Indie Media
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
Replied: 5/5/2014
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
I think you can go down the local Court clerk, get a marriage license and have a civil ceremony right there.
Answer Applies to: Florida
Replied: 5/5/2014
Musilli Brennan Associates PLLC
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
Replied: 5/5/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
No you have to be free to marry him and cannot have a prior marriage that is not resolved.
Answer Applies to: Georgia
Replied: 5/5/2014
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