Expert: Ken Rapoza Cruz - 2/9/2010

Question
Hi Ken,

My fiancee and I have planned to move to Brasil and get married.  He is from Brasil, but has been residing in the US for the last three years.  We recently found out that he is still married, to an American woman.  He was married in the US, and thought his divorce was well underway.  Unfortunately for me, it is not.  We planned to marry immediately upon arrival in Brasil and apply for a permanent visa so I could work and continue to live there.  So, my question is, could we still get married?  His marriage here in the US was never registered in Brasil, so I'm hoping it won't matter.  Any insight would be extremely helpful.  Please advise.

Many thanks.

Answer
Recently found out? He didnt know that he was still married? Well, considering his marriage was never registered in Brazil, then he can get married here, but he will not get any legal benefits from his marriage to you and you will never be recognized as a married couple in the US. In fact, you could even be committing visa fraud in the US. That you are going to get married in Brazil, where his marriage was never registered...that'sa  tough question actually.

Brazil is not going to investigate whether you are married elsewhere or not.  Just that when you go to the US, your marriage will not be recognized. I think to be 100% certain, you should pose this question to an immigration lawyer in the US.