Gwynn Oak, MD asked in Family Law and Immigration Law for Maryland

Q: I’m an international student got married to a us citizen but after i married him i figured out he is married a confid-

Ential marriage to another one in California, he just sent her divorce papers and they both signed it but not yet approved from the judge. Will i be deported cuz he was married to her ?

Also in my filing papers I wrote down he was single bcuz he never told anyone that he was married. What should i do?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Unfortunately (or fortunately, depending on how you look at it), your marriage is void under the law and you are not currently legally married. The issue for you is do you act now to establish a court record voiding the marriage, since obviously doing so may have adverse consequences to your immigration status. You need to speak to an immigration lawyer concerning timing and options. If you wish to be married to this person, and can wait for his divorce to come through and then remarry, and doing so will solve your immigration issues, then you should look into that. Otherwise, you cannot continue with your current application for status in the country based on your illegal and void marriage to this individual. Now that you are aware of the situation, you are under a legal obligation to update any pending applications with immigration officials. Again, do not do anything until you have consulted with an immigration lawyer.

Carl Shusterman agrees with this answer

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