What do I do if I have been separated from my wife and want to get remarried to someone else? 10 Answers as of July 29, 2011

I'm an Egyptian citizen. In 2005, I got married to my American wife. Things didn't work out between us because my work is here in Egypt, and she has a daughter and work in U.S. I guess we both rushed in the marriage. Anyway we got separated in 2006 and I went back to Egypt. We are separated ever since and lost touch. Now I met anther American girl, who lives here in Cairo, and we want to get married in Egypt.Can I do that? If not, can I get a divorce through the embassy? And how long will it take?

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Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello, Yes, you must legally get divorced prior to any new marriage. You can retain a family attorney in the U.S. where you lived and they can get a divorce based on publications and attempts to locate her.
Answer Applies to: California
Replied: 7/29/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You will need to get divorce first. If you have access to your wife, ask her to file for divorce here in the US, otherwise, file for divorce in Egypt and I am sure that there is a process for divorce there that can be done either by publication or some other Egyptian law/procedure.
Answer Applies to: Nevada
Replied: 7/28/2011
Hans Burgos, P.A., Immigration Law Offices
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
You will need to get a divorce in a civil court of law prior to getting married again since the DHS/CIS will not grant a Petition for Relative (Form I-130) based on a bigamous marriage.
Answer Applies to: Florida
Replied: 7/28/2011
Fong & Associates
Fong & Associates | William D. Fong
You can divorce in any lawful way, either in Egypt or the United States. There is no divorce process through the US Embassy. After you get married, your new wife can petition for you.
Answer Applies to: Texas
Replied: 7/28/2011
The Law Office of Khoa D Bui
The Law Office of Khoa D Bui | Khoa D Bui
You must first get a divorce from your first marriage.
Answer Applies to: California
Replied: 7/28/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    You cannot legally marry until you obtain a divorce. Whether you can file for divorce in Egypt is a question for an Egyptian lawyer.
    Answer Applies to: New Jersey
    Replied: 7/28/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    This is not actually an immigration question. If your concern is where to divorce, you can contact local court. International divorce is acceptable in US.
    Answer Applies to: Florida
    Replied: 7/28/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You must first divorce your "former" wife who is legally still your wife. You should consult with an attorney in Egypt how to obtain a divorce without returning to the U.S. or have your "still" wife do the same for a divorce in the U.S. You cannot pursue a divorce through the consulate.
    Answer Applies to: California
    Replied: 7/28/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    Please schedule an appointment with a competent immigration attorney to fully have your case analyzed, as there may be factors present which will have a big impact on your case. DHS will relook at your first marriage to ensure it was not fake. I am happy to do a consult with you. That normally takes about one hour and my fee is $150. Otherwise please make an appointment with an immigration attorney of your choosing!
    Answer Applies to: California
    Replied: 7/28/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    You must first have a final divorce decree from your first wife before marrying again.
    Answer Applies to: Florida
    Replied: 7/28/2011
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