My girlfriend is a Mexican citizen, and is still married technically in Mexico. However, we want to get married here in the USA? I am a U.S. Citizen, so what would be the least expensive way for us to get married? What process would undertake, does her marriage in Mexico still stand here in the US, if so, how do we go about the divorce with her ex-husband in Mexico?? Please help!!
2006-11-29 01:50:18 · 10 answers · asked by Charles S 2 in Politics & Government ➔ Immigration
she MUST get divorced before she can marry you. no matter what country she was married in it is recognized as legal in this country. if she married without first getting divorced she will be comitting bigatry. after she is legally divorced you can marry here in the us. if she is entered without inspection then you will have to file the I-130 and all other papers they send to you plus pay fees, wait for your interview in mexico at which time she will be denied for the illegal presence, you will submit the I-601 and a hardship letter. You will return to the u.s. and she will have to stay in Mexico to wait out the rest of the process. Current wait times in Mexico for I-601 waivers are 3-6 months. This is the current process if she entered without inspection. If she entered on a visa and just overstayed her welcome then after you marry you will still file the I-130 and other papers but she will be allowed to adjust her status in country and she will not have to leave and will not have to file the I-601 waiver. Hope this helps but make sure she is divorced first.
Good luck
2006-11-29 02:42:35 · answer #1 · answered by whoareyou 3 · 0⤊ 0⤋
Are you kidding me? She's "technically" married? What does that mean? She got married in an electrician's office? She's *MARRIED* dude. MARRIED. Someday I'm sure I'll see a question for you telling us she is a "little bit pregnant." It stands here, there and I'm guessing even in Timbuktu.
WTH are you doing with a woman who didn't even bother to divorce her husband? Ever hear the term "meal ticket?" A married Mexican citizen wants to marry you? Hmmm, think she might just have an ulterior motive in mind?
Call the Mexican consulate and ask them how she can divorce, but you're a fool if you'll be with a woman who's "technically" married. Responsible, decent people who want to end a marriage get a DIVORCE. They don't run to the nearest gold-mine of a country and agree to marry someone else.
2006-11-29 01:55:15 · answer #2 · answered by tagi_65 5 · 2⤊ 1⤋
While one may be legally (i.e., deemed) married in one country (or state) and not married (divorced, widowed or never married as the case may be) in another, I don't think that is the case here.
A divorce decree that prohibits remarriage, either forever or for a limited time, may be deemed a full divorce in another jurisdiction.
Also, some countries do not recognize any divorce that purports to affect persons domiciled there: Ireland or the Philippines (except for Muslims, including Filipino Muslims), for example.
But to marry in the USA when a divorce in not final in Mexico (or anywhere else) is a crime of bigamy, and is not recognized for any immigration or other purpose. It may also constitute immigration fraud.
That said, immigration status itself is irrevelent to eligibility to marry in the USA, unlike many other countries including the UK.
2006-11-29 02:14:48 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Yes, her marriage in Mexico is valid here. She would have to get divorced first. Then you could apply for her to come here with a fiance visa. Since it might be a little complicated, I would say get a divorce lawyer and an immigration lawyer.
2006-11-29 02:06:42 · answer #4 · answered by Niecy 6 · 0⤊ 0⤋
Yes, her marriage in Mexico still stands good in the U.S. She has to divorce her ex-husband and get the divorce papers in order. When she comes to the U.S. on a temporary visa (say as your fiance), you can get a court marriage done and it is only then considered legal.
2006-11-29 01:55:56 · answer #5 · answered by happykat 3 · 0⤊ 0⤋
a marriage in one country counts in every country... what kind of question is that.... she needs to go to mexico and divorce her husband first, then you can go to the court house apply for a marriage license, do whatever the laws of your state say (some have waiting periods, blood tests etc), then just let the court marry you, it's cheap... I got married by a JP and it's the cheapest way... I dunno what your rush is, but she needs to go to mexico and file for divorce and get that paperwork to show first before they will allow you to marry her...
2006-11-29 03:26:51 · answer #6 · answered by crazydeb16 5 · 0⤊ 0⤋
Of course her marriage is still valid here as well. She need to get divorced officially first before you can get married and show them the divorce papers.
2006-11-29 07:06:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i'm not a lawyer, but i would imagine she must get divorced from her Mexican husband before marrying you. but best to talk to a lawyer.
2006-11-29 02:01:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She must be legally divorced. After find a cheap JP. Good luck!
2006-11-29 01:54:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
call an immigration attorney
2006-11-29 01:52:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋