Can I get married in the US if I’m already married to someone in another country?

I’m an Austrian citizen and i’m in the US for vacation. I’ve been married in austria but i’ve filed for divorce but its not finalized yet. is it legal or allowed for me to get married here in the US to some one else without my divorce being finalized. I got married in Austria and my ex-wife is an Austrian citizen as well.

Asked on July 21, 2012 under Family Law, New York


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You indicate that you are an Austrian citizen currently in the U.S. on vacation.  You further stated that you filed for divorce which is not final, and you are inquiring whether you can marry someone here in the United States although you are not yet divorced.  If you get married without having first obtained a lawful divorce, in the U.S., you could be convicted of the criminal offense of bigamy.  Not only would you be subject to criminal prosecution, any hopes you have of obtaining legal status in the United States through immigration proceedings would be in jeopardy. 

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