QUESTION
Can my new wife from Honduras get a green card?
Asked on Aug 31st, 2014 on Immigration - California
More details to this question:
When my wife came to the states in 2013 she came on a visa for a work training, I meet her and felt in my heart that I wanted to marry her she's 44 and I'm 43, so in two months I married her and soon to find out that she quit her job, and never went to training, plus after 17 years she never got a divorce. How or what advice can you give me on what I should do? I do love her and I feel she does too but how does this affect us on me getting her a green card? She's been living with me for a year now but she wants to get a legit divorce but she can't go back for the fear of never returning back to us. This is very complex don't know what to do first?
2 ANSWERS
Bruce A. Coane
While every case is different, typically, she'd have to divorce her first spouse and then re-marry the USA citizen. Then, assuming she's otherwise eligible, she could finish her case.
Answered on Sep 03rd, 2014 at 7:28 PM
You need to consult with a family attorney to understand whether and how she can obtain a divorce in the US because until she is legally divorced from her current husband, you are not able to legally marry her or petition for her green card. You may have gotten married to her but this marriage is not legal if she was already married at that time.
Answered on Sep 03rd, 2014 at 4:46 PM