West Palm Beach, FL asked in Divorce, Family Law and Immigration Law for Florida

Q: My boyfriend is married in India but the relationship has been over for several years. Can we still marry here in US?

He is not legally divorce and a divorce would take about 2 years in India.

4 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: If he now lives in the U. S., then he is allowed to divorce in the U.S. if he established enough physical presence in the U.S. The U.S. divorce if properly executed should be valid in India. I strongly recommend an appointment with both a competent and experienced immigration attorney as well as a Florida divorce attorney. The divorce must be final before you can have a lawful marriage for immigration purposes. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Mr Eric Klein agrees with this answer

Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: If your boyfriend meets the jurisdictional requirements for filing a divorce action here in the United States, then it may be easier for him to file for divorce here. He should speak with a competent family (divorce) law attorney. If by your question you wish to know whether you (assuming you are a U.S. Citizen or U.S. Legal Permanent Resident) can file a marriage based immigration case for him, then of course he would need first to divorce his first spouse before marrying you and before filing any marriage-based immigration case. For immigration related questions. consult with a competent immigration attorney.

Mr Eric Klein agrees with this answer

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You can marry in the US, but you first must obtain a divorce which you can obtain from a court in Florida. Seek a good matrimonial attorney to assist you. Good luck!

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: He needs to divorce his current spouse.

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