Jump to content

16 posts in this topic

Recommended Posts

Posted

Hi folks,

I was wondering if anyone knows if my wife and I can get re-married in America? We were married under South African law a little over a year ago but would now like to be married under South Carolina law as well.

Under our SA marriage, my wife is basically considered a minor and has to get my permission to do anything legal in her home country just because she is a woman. Because of this, we are having some slight legal problems getting some things on the other side wrapped up.

If it IS possible to be also married in South Carolina, will one marriage supercede the other?

I know this is prolly a question for a lawer, but I thought I'd ask and see if anyone had any experience or thoughts on the matter.

thanks! :)

Stephen

~~~~~~~~~~~

Filed: AOS (apr) Country: Zambia
Timeline
Posted
Hi folks,

I was wondering if anyone knows if my wife and I can get re-married in America? We were married under South African law a little over a year ago but would now like to be married under South Carolina law as well.

Under our SA marriage, my wife is basically considered a minor and has to get my permission to do anything legal in her home country just because she is a woman. Because of this, we are having some slight legal problems getting some things on the other side wrapped up.

If it IS possible to be also married in South Carolina, will one marriage supercede the other?

I know this is prolly a question for a lawer, but I thought I'd ask and see if anyone had any experience or thoughts on the matter.

thanks! :)

The answer can be found by going to your local courthouse and applying for a marriage license. It is not uncommon for a couple to have a civil marriage and then another in a church, but yours is a different question and the answer would vary state by state.

Filed: Citizen (pnd) Country: France
Timeline
Posted

You might want to be careful. I wanted to do a marriage in France and the consulate told me NO. If i do that, i will be considered doing polygamy to the same man. I would then have to have one of the marriage legally annulled.

AOS Approved on 10-17-08 (details in profile)

Removal of Conditions on 07-19-10

In this tedious process, we tend to forget that this is all worth it.

I love my hubby beyond anything in this world.

Posted

You can't have a legal marriage if you are currently married--not even if it is the same person. Your SA marriage is recognized in the US.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Filed: AOS (apr) Country: Zambia
Timeline
Posted
You can't have a legal marriage if you are currently married--not even if it is the same person. Your SA marriage is recognized in the US.

Again, the answer will be found at the courthouse. Marriage is a legal matter that varies state by state. The federal government is not involved except to recognize which marriages are valid.

Filed: Other Country: China
Timeline
Posted
You can't have a legal marriage if you are currently married--not even if it is the same person. Your SA marriage is recognized in the US.

Again, the answer will be found at the courthouse. Marriage is a legal matter that varies state by state. The federal government is not involved except to recognize which marriages are valid.

Marriage is a legal matter but married is married. All US States recognize marriages legally registered in other countries and will not knowingly issue a marriage license to a couple already married.

The only exception would be a marriage expressly forbidden under a State's Constitution. For instance some State's Constitutions provide for not recognizing marriages between same sex couples. Another exception would be polygamus marriages performed abroad. In that case, only the first marriage is recognized.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Zambia
Timeline
Posted

Again, no matter what the answer will be found at the local courthouse, not among those who are experienced in immigration issues. There may be a circumstance that would allow such a second marriage, but of course it seems rare that anyone would want to do this, and it would seem to provide no benefit to the couple.

Filed: Other Country: China
Timeline
Posted
Again, no matter what the answer will be found at the local courthouse, not among those who are experienced in immigration issues. There may be a circumstance that would allow such a second marriage, but of course it seems rare that anyone would want to do this, and it would seem to provide no benefit to the couple.

Some people with immigration experience have broad experience with other issues. Married is married. Married people are not allowed to get married to people, not even the person they are already married to. At least not in the USA today.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

You are legally married, as others have said but your marriage falls under the law of the country inwhich you are applying said law. Even if you had married in SC instead of SA, you would still encounter the same difficulties in SA as you are now.

Remarrying legally would be completely irrelevant.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

  • 2 weeks later...
Filed: K-3 Visa Country: Thailand
Timeline
Posted
Again, no matter what the answer will be found at the local courthouse, not among those who are experienced in immigration issues. There may be a circumstance that would allow such a second marriage, but of course it seems rare that anyone would want to do this, and it would seem to provide no benefit to the couple.

Some people with immigration experience have broad experience with other issues. Married is married. Married people are not allowed to get married to people, not even the person they are already married to. At least not in the USA today.

Your broad experiance has led to a giant ego it seems. I have seen you give a lot of good advise. Then chastise people for bringing up unrelated subjects in these forums. Such as experiance with dance contests or people we know from T V shows.

I went to a courthouse in Arizona recently to verify that my marrige would be legal. You are right in that respect; it is. However the clerk said there was no problem marrying agin if we felt we wanted to. We could have paid a small fee & done it right there & then.

Filed: AOS (apr) Country: Zambia
Timeline
Posted
Again, no matter what the answer will be found at the local courthouse, not among those who are experienced in immigration issues. There may be a circumstance that would allow such a second marriage, but of course it seems rare that anyone would want to do this, and it would seem to provide no benefit to the couple.

Some people with immigration experience have broad experience with other issues. Married is married. Married people are not allowed to get married to people, not even the person they are already married to. At least not in the USA today.

Your broad experiance has led to a giant ego it seems. I have seen you give a lot of good advise. Then chastise people for bringing up unrelated subjects in these forums. Such as experiance with dance contests or people we know from T V shows.

I went to a courthouse in Arizona recently to verify that my marrige would be legal. You are right in that respect; it is. However the clerk said there was no problem marrying agin if we felt we wanted to. We could have paid a small fee & done it right there & then.

Exactly! The answer lies at the courthouse.

Posted

Within the U.S., marriages in one state (excluding gay marriage atm) are recognized in another. There's no discretion at the courthouse; New Haven County can't declare that I'm not married because we were married in Allegheny County. The U.S. government recognizes (man-woman) legal marriages performed in other countries.

I'm not sure quite what you're asking; you've filed for a K-3. On the assumption that your marriage is legit enough to get that (legally recognized in SA), you'll already count as married in the U.S.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...