Marriage or No Marriage?

When applying for a marriage-based visa, it is important to verify whether any previous marriages are lawfully terminated. In some cases, the end of the marriage is not so obvious. Take the following examples:

1. A religious marriage with no civil authority
2. A marriage before the date of the final divorce decree, but after the divorce filing.
3. A divorce done in the United States, but the marriage still valid in foreign country.

In each case, learning whether one is legally available to marry is key to obtaining a marriage-based visa. Some marriages are recognized in some countries, and not in others. Some divorces are likewise recognized in some places, while being invalid in others. Where a previous marriage is not adequately terminated, the visa petitioner can risk having the visa denied and/or having their immigrant spouse deported. Don't take the risk. Figure out whether the marriage is valid BEFORE filing any paperwork. Good luck.