Can my religious cerimony in another country be counted as a legal marriage in America?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my religious cerimony in another country be counted as a legal marriage in America?

I had a religious cerimony in Brazil before coming to America. in Brazil it was not considered a legal marriage because we didnt have a legal documentation. After 10 months I came to America with a fiance visa and got marriaed one week later. Now, I am divorcing and my husband is trying to prove that we were not marriaed for 10 years. We got married in December 2005, separate for one year in 2013 and came back living together in 2014 until September of 2016. Can my 10 months of waiting for my fiance visa, after the religious cerimony, can count as time of marriage?

Asked on August 7, 2017 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it would not count as a time of marriage. A purely religious ceremony may be marriage for religious, emotional, cultural, etc. purposes, but it is not legally marriage, so you were not married until the marriage in the U.S. (assuming you did in fact get a marriage license then.) And a fiance visa is for being a "fiance"--engaged to be married, but not yet married; therefore, the time waiting for the fiance visa is not married time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption