Legal Question in Immigration Law in South Carolina

What happens if your marriage is illegal?

I married a Cuban immigrant (political refugee) on November 18, 1998. I have started to work on his immigration papers so that he can travel to Cuba and to see about bringing his mother to the US. The immigration officer told me that I needed to have his divorce papers from his previous marriage in Cuba in order to submit our papers. When I received the divorce certificate, it is dated May of 2000. My husband tells me that his x-wife had told him that she had gotten the divorce back in 1986. How do I go about getting this straightened out? Will we be penalized? What should I (we) do?

Thank you

MM


Asked on 8/01/00, 1:31 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: What happens if your marriage is illegal?

if you both honestly believed he was divorced and free to marry you have not committed a crime so there is no penalty but you are not married to him. you need to get him a legal divorce and then marry again.

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Answered on 9/13/00, 2:22 am
John V A Holmes Immigration Law Center

Re: What happens if your marriage is illegal?

Your marriage isn't so much illegal as it is void. You should withdraw any papers you have filed, remarry, and then refile. As a matter of precaution you might also consider having him file for a divorce here in the USA. Also, as a Cuban your husband may now qualify for adjustment of atatus under special provisions relating to Cubans. You should contact a qualified immigration lawyer to discuss this possibility.

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Answered on 9/13/00, 8:37 am


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