If my girlfriend is living in Mexico is working on a divorce, what is the best way to get married to her and bring her to the US?

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If my girlfriend is living in Mexico is working on a divorce, what is the best way to get married to her and bring her to the US?

She is filing for a travel visa currently. She has not lived with her ex husband for 2 years. is it possible to marry someone in the US who is married in Mexico already? And if so, would it ruin a case for divorce there? Is I possible to file for a fiance visa on someone who is married?

Asked on September 24, 2011 under Immigration Law, Idaho

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assuming she has no prior immigration issues with the US, as soon as she is legally divorced, you can either petition for her as a fiancee or marry her outside the US and then petition for her as a spouse of  a US citizen.  YOu cannot do anything to petition for her in any way NOR marry her until she is legally divorced.  It does not matter that she is married in a different country since that marriage is just as valid in the US, and one can only be married to ONE person at any given time.  She can certainly enter the US as a visitor if she is granted a visa, but you cannot get married unless and until she can present a valid divorce certificate.


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