I am married and legally separated in India. I am now residing in USA on H1B visa since the last two years. Is it possible to legally marry in USA?

I am married and legally separated in India. I am now residing in USA on H1B visa
since the last two years. Is it possible to legally marry in USA before getting
divorce in India?

Asked on January 6, 2018 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No you cannot. A non-US marriage is still recognized in the U.S. Accordingly, unless and until you have a final decree of divorce in India, you cannot legally re-marry in this country. If you do, then that marriage will be deemd null and void and you can be charged with the crime of bigamy (i.e. being married to 2 people at the same time).


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