Marrying in the USA, while already married abroad

[Francesco]

What is the name of your state?What is the name of your state?What is the name of your state? CA

My fiancée and I want to marry in the USA (CA). She is American and resides in the USA. I am Spanish and reside in Spain. I think I am pretty much aware of the process we have to go through -- she first needs to file a petition with the USCIS and, upon approval, I can get a fiancé visa (K) from the US embassy in my country and then join her to marry. Pls correct me if I'm wrong.

The problem is my fiancée is already married in the UK (but separated since 1998). However, she never declared or registered her marriage in any US institution. Therefore, the British administration seems to be the only one having a record of her marriage. She is not divorced but is currently launching a divorce procedure in the UK. However, we would prefer not to wait until the divorce is concluded to marry as I need to come to the USA and start working ASAP (and to get papers to work, I must be married).

I am aware that 2 persons can not legally marry if one of them is already married (otherwise it's a fraud). I also understand that under the Hague convention, any public document from the UK such as a marriage certificate is also legally valid in the USA and can be registered if presented. However, considering that she never registered her marriage in any USA admninistration branch, we could assume that there is no trace of her UK marriage in the USA and that she is legally recognized as single in the USA. Is this correct?

Overall, can we marry? Is there any chance for her marriage in the UK to be identified if we go through the marriage process in the USA before her UK divorce is concluded? Where should we search to find out if her marriage appears anywhere in the USA?

Again, our concern is to find a temporary solution that enables me to quiclkly become authorized to work in the USA. Once her divorce is finalized, we are willing to go through an annulment/re-marriage process or any procedure that would enable our mariage to be free of any fraud possible.

[stealth2]

No, you can not marry until she is legally divorced. Doing things the way you plan could very well result in your deportation should it come to light. She's waited 7 years to bother with a divorce - the two of you can wait a little longer to make your own marriage legal.