If I married a woman 3 years ago but have since discovered she had overstayed a visa from the Czech Republic, is the marriage legal?

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If I married a woman 3 years ago but have since discovered she had overstayed a visa from the Czech Republic, is the marriage legal?

We were married in the U.S.

Asked on December 31, 2015 under Immigration Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the marriage is legal: you can marry any person, whether legally here or not, whether a U.S. citizen or not, etc.--a person's citizenship, visa status, etc. does not affect the legality of marriage. That said, if she lied about the reasons for marrying you--e.g. you only married you to try to get citizenship--then that is a form of marital fraud and you may be able to apply for and get an annulment (which undoes the marriage from the beginning) instead of a divorce; that is something you may wish to explore with a family law or divorce attorney.


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