Can a Foreigner Get Married in the USA if Already Married Abroad?

Marriage laws in the United States can be complex, especially for foreigners who are already married in another country. This guide aims to clarify the legal implications and procedures involved in attempting to get married in the USA while already married in a foreign country.

Understanding Bigamy

The United States does not recognize multiple marriages and prohibits bigamy. If you are already married to someone in another country, attempting to get married to someone else in the USA would be illegal and considered bigamy. Bigamy is a serious crime, carrying fines, jail sentences, deportation, and a lifetime ban on entering the United States.

Legal Steps for Dissolving a Foreign Marriage

While the United States does not allow bigamy, there are some situations where you can legally dissolve your previous marriage, allowing you to proceed with a wedding in the USA. For instance, Filipinas often face this issue, as the Philippines does not recognize divorce. In these cases, you can go to court in the United States to have your previous marriage dissolved.

The process involves seeking legal advice as it is highly complex and involves esoteric laws. However, with the right representation, it is possible to navigate this legal maze.

Mechanics of Dissolution

When filing for a dissolution of your previous marriage, you must prove the dissolution of the marriage in the court of the U.S. state where you wish to get married. This typically requires documents such as divorce decrees or court orders from your home country. Bringing all relevant marital records and legal documents will be crucial to your case.

Polygamy: An Unlawful Practice

Muslim men with multiple wives face additional complications. While the United States does not recognize multiple marriages, if you wish to bring a new wife to the USA, you can only do so if the first wife consents. If the subsequent marriages are not recognized in the U.S., you cannot travel with all of your wives. For example, a Muslim man in the U.S. can only travel with his first wife to the USA as the subsequent marriages are not legally recognized in the U.S.

Final Thoughts

Marriage in the USA is strictly regulated to prevent bigamy and polygamy. Attempting to marry while already legally married elsewhere is a criminal offense in the United States. Understanding the laws and following the correct legal procedures are essential to ensure a smooth wedding experience and a legal marriage that stands the test of time.