Mobile, AL asked in Immigration Law for Alabama

Q: Hi i was married in the u.s but got married in india does that count as polygamy too even after i got divorced here u.s.

I was married in u.s when i got married in india in 2015 but later got divorced with my x wife in u.s in August 2015 can i still file for my present wife in india for i130 or isit a big problem since im Muslim and allowed 4 wives? Plz help im really confused

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1 Lawyer Answer
Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
PREMIUM
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: No. USCIS does not recognize polygamous marriages even if valid in the place of celebration. You will need to remarry your "second" wife (the one you married in India in 2015) to be able to file a family petition on her behalf. I suggest that you consult an experienced licensed immigration attorney to verify that you meet all the requirements needed, saving you time and money.

The divorce validity abroad depends on the interpretation of the divorce laws of the foreign country that granted the divorce and the reciprocity laws in the state of the United States, where the applicant remarried. If the divorce is not final under the foreign law, remarriage to a US citizen is not valid for immigration purposes.

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