Q: So I was married before and got married to my new husband before my divorce was finalized is my marriage valid now?
Need to file for papers for my husband thru immigration will this be a problem because my marriage date is before my divorce date??
A: It may be a problem. It can be corrected. Colorado would likely allow the marriage as a "putative spouse". Be aware the second marriage date will be after the final divorce decree was entered. Since, you will be filing with USCIS, the marriage needs to be clear of all defects. I suggest that you contact your county clerk's office to see if they can correct it on their end. If not, you may need to file with the court a determination of the marriage. You may need a lawyer, but you can handle this without an attorney.
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A: Unfortunately, my answer would be that your marriage to your new husband may be invalid in that you were still married prior to your first marriage being dissolved. You need to speak with an immigration attorney, who may know ways to validate the second marriage. At a minimum, there is an argument you would be common law married as of the date of your divorce. The question is whether Immigration will accept such an argument.
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