Is my marriage legal?

[toria73]

I am a US citizen from Texas and married my husband who is from another country in Dec. 2001. I have recently found out that he is still married in that country? Is my marriage legal? What can I do?

 

[007]

I am a US citizen from Texas and married my husband who is from another country in Dec. 2001. I have recently found out that he is still married in that country? Is my marriage legal? What can I do?

Found out, or do you have the paper proof?

IAAL

 

[ceara19]

If he actually is legally married in another country, no he could not have gotten legally married in Texas without a divorce.

 

[TheHomeGuru]

Can she sue him for lack of love and bade tast?

 

[ceara19]

Can she sue him for lack of love and bade tast?

She can sue him for anything, but it doesn't mean she'll win. There may be grounds for fraud, but it's a long shot to say the least.

She can report him to the authorities for bigamy.

 

[LdiJ]

I am a US citizen from Texas and married my husband who is from another country in Dec. 2001. I have recently found out that he is still married in that country? Is my marriage legal? What can I do?

If he is truly and legally married to someone else, then no, your marriage isn't legal and needs to be annulled.

 

[ceara19]

If he is truly and legally married to someone else, then no, your marriage isn't legal and needs to be annulled.

In Texas, if the marriage is not leagal, she would HAVE to get an annulment since the state does not even recognize the union.

That said, it is in her best interests to have the court issue an order declaring the marraige void. It can save her alot of possible grief down the road.

 

[nextwife]

And if she never had a legal marriage, wouldn't it be the LEGAL wife who'd have the spousal rights to social security retirement, other retirement & pension plans, etc.?

 

[ceara19]

And if she never had a legal marriage, wouldn't it be the LEGAL wife who'd have the spousal rights to social security retirement, other retirement & pension plans, etc.?

Yep. If the marriage is considered void by the state she has no standing to any spousal rights or obligations.

 

[Ohiogal]

If he is from another country, depending on the visa he used to get over here -- a marriage visa for instance -- if he committed fraud in having the marriage, immigration may want or need to become involved.

 

[ceara19]

If he is from another country, depending on the visa he used to get over here -- a marriage visa for instance -- if he committed fraud in having the marriage, immigration may want or need to become involved.

The local authorities can also file charges of bigotry.

 

[Bali Hai]

If he is from another country, depending on the visa he used to get over here -- a marriage visa for instance -- if he committed fraud in having the marriage, immigration may want or need to become involved.

So the US embassy in his country screwed up when he applied for a visa to come here?

If the INS finds that he committed fraud in gaining entry into the US, and decides to start deportation proceedings against him, who is on the hook for those costs?

 

[LdiJ]

And if she never had a legal marriage, wouldn't it be the LEGAL wife who'd have the spousal rights to social security retirement, other retirement & pension plans, etc.?

Not necessarily....she stated that her husband was from another country. Therefore he might not have status here...therefore possibly no one would have spousal rights to social security, retirement or pension plans.... ..not even him.

 

[LdiJ]

So the US embassy in his country screwed up when he applied for a visa to come here?

If the INS finds that he committed fraud in gaining entry into the US, and decides to start deportation proceedings against him, who is on the hook for those costs?

He may be an illegal. They may have married here rather than him entering on a fiance or spouse visa.

There are people who have been living here for many many years, using a false SS number for employment. Many of them own homes, have bank accounts, and other property. Sometimes their children come here with them as tots....grow up here, and are 100% "american" and don't discover until they are legal adults that they are here illegally. Sometimes the kids don't even speak the language of the original country nor have any ties there.

Its alot more complicated than you might think.

 

[ceara19]

The OP is NOT required by law to do ANYTHING. If he is legally married to someone else, he can't be legally married to her. If there is no marriage there is nothing to annul.

However, just to cover her own a$$, now and on down the line, it would be best if she reports him to the authorities.