Can I bring my new wife without consequence, and then, after I arrive back home, continue to attempt to locate my estranged mate?

Question

My wife left me and took my two sons, 12 and 13 at the time, now 15 and 16 respectively, 3 years ago.  I have had no way of contacting her or my sons for this 3-year period.  I subsequently have been working abroad, have married, and I want to bring my bride to the states with me.   Is there a risk involved with this?

Robert Willis · Answer

Not sure how to answer this one.  You have no new wife if you were not divorced from the first wife.

Michael Yurasov-Lichtenberg · Answer

If you married your second wife without divorcing the first one, the second marriage is invalid.  When you will petition the USCIS for an immigrant visa for your second wife, you will have to show that your first marriage was legally dissolved before you entered into the second.  The only solution to your problem is 1) obtaining a divorce from your first wife in the U.S.; 2) obtaining an annulment of your second marriage in the country where you married her; and 3) getting married to your second wife, again.  Only after you clear your second marriage you can apply for a permission for your second wife's entry and residence in the U.S.

Svetlana Boukhny · Answer

If you are not legally divorced from your previous wife, you are not legally married to your current wife.  If you are not legally married, she will not be eligible for an immigrant visa as your wife.

Francis Cowhig · Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated.   The big question is are you divorced from your first wife.   If you were married to your "estranged mate" and never divorced, your present marriage to your 2nd wife is invalid.  By bringing your new wife here and petitioning for her, you could be committing immigration fraud and your wife would be deported.  I strongly suggest that you contact an experienced family law attorney to handle your marital problem and an experienced  immigration attorney for your immigration problem for a face-to-face consultation and give them all of the facts surrounding your situation.

Gary Moore · Answer

Yes, if you did not bother to get divorced from the first wife. You can  get a divorce in New Jersey, even when you do not know where your spouse  can be found.

Rebecca T White · Answer

Assuming you were legally divorce from your first wife when she left you, and there weren't any issues regarding domestic violence or restraining orders, a second marriage and an immigrant visa petition based upon that second marriage should be just fine.

Jennifer Oltarsh · Answer

It does not sound as if there would be any risk as long as you and your former wife are legally divorced.

Steven Kalishman · Answer

Yes, if you never divorced your first wife. What is your status?

John Kirchner · Answer

Yes, there is a risk because you have committed bigamy if you never divorced the first wife.  Bigamy is still a crime in most states. You need to consult an immigration attorney (if your "new" wife is not a US Citizen) to understand the consequence of potential fraud in obtaining visa for her to enter the US.

Marie Michaud · Answer

There is a problem if you failed to obtain a  divorce before marrying the second wife. You need to rectify this situation before filing for your second wife's paperwork. Hiding the first marriage or any form of misrepresentation on your immigration paperwork is a very bad idea. 1. Get a divorce from Wife one. 2. Then get remarried with Wife two. 3. Then you can start the immigration paperwork once one and two have been done.

John Brennan · Answer

Did you ever divorce? If not your current relationship is bigamous and fugal.

Elizabeth Jones · Answer

It sounds as if you are married to two women. This is Bigamy. Consult an attorney.

Anne Howard · Answer

If you were not divorced from wife one, your second marriage is bigamous and invalid.

James Lentz · Answer

I don't know if there is a risk. Does the country in which you were married permit more than one wife at a time? You never mentioned a divorce from wife number one. It sounds like you need two lawyers: one for the country in which you were married time number 2 and one for the state in which you reside now.

Glenn Tanner · Answer

It sounds like you're married to two women, which may be a crime where you are located.

Ben Liu · Answer

Better consult with an attorney who knows divorce law and immigration law. Your second marriage is not valid for immigration purposes and you may be a bigamist.

Joanna Mitchell · Answer

If you never officially divorced your first Wife and had a judge enter a Final Divorce decree, then your new marriage is not valid and you are actually guilty of the crime of bigamy. You need to consult with an attorney in order to determine how best to proceed.

Mark T. Peters · Answer

Yes, you may be criminally liable for bigamy. You must divorce your first wife.

Willie Stephen Graves · Answer

You are not "married" to your new "wife" unless you first got divorced from your first wife. There may be a common law marriage but there's no common law divorce. Leaving you is not the same as divorce you, and you can only have one wife at a time.

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Can I bring my new wife without consequence, and then, after I arrive back home, continue to attempt to locate my estranged mate?

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