Is my wifes petition going to be impacted because my divorce is not final? 5 Answers as of June 07, 2011

I 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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
World Esquire Law Firm
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
Replied: 6/7/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
Yes. Your current marriage is not valid. You cannot petition. You need to get divorced first, then remarry. YOu should have the new marriage annulled and get married after the divorce.
Answer Applies to: New Jersey
Replied: 6/6/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Yes it will. Your second marriage is not considered valid. You need to marry your second wife again and then refile the I-130 petition. You should withdraw the first I-130 petition now.
Answer Applies to: California
Replied: 6/6/2011
Fong & Associates
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
Replied: 6/6/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
Yes do not file the paperwork, they may consider it fraud. Finalize the divorce and remarry. Speak with an attorney. For a free consultation you may contact my office.
Answer Applies to: New York
Replied: 6/3/2011
Click to View More Answers: