can a man in minnesota legally get immigrant visa for wife in other country if he has a religious marriage to a woman in usa??
Asked on Jul 18th, 2012 on Immigration - Minnesota
More details to this question:
man applies to get immigrant visa for wife in morocco, he has religious marriage to woman in usa and they have children together... he lives in minnesota... can he legally bring moroccan wife to usa with immigrant visa???
A religious marriage in the U.S. is not recognized as a binding marriage unless it is registered with the state in which it was celebrated. The reason has to do with the sovereignty of the state over civil matters. The fact that there are children born of the marriage probably leaves no doubt of the bonafide character of the relationship, but does not cure the need for proper marriage. From our limited research, we are not aware that the state of Minnesota recognizes common law marriages. I suggest that if the man is a U.S. citizen, he apply for the woman under either K-1 fiancée visa or travel to Morocco to marry her and then petition for her permanent residence. If the man is a U.S. permanent resident, he can also petition for her after marriage, but would probably have to wait at least two years since the F-2A category for a spouse of a permanent resident is backlogged currently to June 1, 2010 (which means that only persons who were applied for before that date are being invited to final immigration interviews).
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