What to do if I am American and thought I was divorced and so went to Nigeria to get married but when I came back I found out that I’m still married?

I have since gotten my divorce. Is the Nigerian marriage void; do I have to do anything to change this for me to be considered single? I would like to have him come here to the US. Can I do a fiancé visa or do I have to go there and fix license, if possible, or is it just void because I was married before?

Asked on November 27, 2013 under Immigration Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your last statement is correct: the marriage is void. That is because marriage is considered a contract between two people and you were not legally able to contract to marry your second husband because you were not legally divorced from the first husband.  Subsequent divorce does not remedy the situation and make the second marriage legal.  I would suggest that you speak with an immigration attorney but a fiancé visa may be right at this point in time.  Good luck.

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