QUESTION
Were planning to file for a petition for me to get my greencard. He's a US citizen. Is our marriage legal?
Asked on Oct 19th, 2012 on Immigration - California
More details to this question:
I was previously married and filed for divorce my husband and I got married June 1,2011 and my final divorce stamped date was June 8,2011 . Will it be recognized by the USCIS?
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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No, you were not divorced when you got married.
Answered on Nov 02nd, 2012 at 1:52 AM
No, because you were married before your divorce was final. You would need to get remarried to have a new valid date for the marriage. Then you can file for your permanent residence on the basis of marriage.
Answered on Oct 23rd, 2012 at 4:45 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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For your marriage to your US Citizen spouse to be valid, your previous marriage must have already been legally terminated before the date of your marriage to your US Citizen spouse. USCIS will not consider your marriage to your US Citizen spouse to be a valid basis of the Form I-130 petition if it was contracted at a time when you were still married to your previous spouse.
Answered on Oct 23rd, 2012 at 7:19 AM
No you are not legally married. You need to remarry first.
Answered on Oct 22nd, 2012 at 11:54 PM