Is my wifes petition going to be impacted because my divorce is not final? 5 Answers as of June 07, 2011I am a US citizen. I went to India and got married last month. My ex-wife’s attorney informed me, that my divorce would be final before my new marriage. After coming back to the US, I have come to learn that my divorce is not final. My final trial date is set in two weeks. Will this have an effect on the sponsorship of my wife when I file her I-130 petition because I got married before my divorce was finalized?
World Esquire Law Firm | Aime Katambwe
Yes it will. In fact, you may not even be married to your new spouse. Now it is very important that you check with your family law Attorney to see if he or she got you special permission from the Judge to end civilly end the contested marriage for purposes of you being free to marry another. That can be done while the rest of the divorce matter remains pending before the judge for purposes of dividing the community assets. Make sure. If you do nothing else, then my belief is that you will have no basis upon which to petition your "new wife." Good luck!
Answer Applies to: California
Fong & Associates | William D. Fong
No, most consular officers will note the overlap of dates as they are trained for this, but you can provide information to show that you are now divorced which allows for your marriage to be valid. Certainly easier if you have another ceremony, but not likely to be necessary.
Answer Applies to: Texas