Bigamy + green card ???

Question

Hello, I am from Brazil, 30 years old. I was married to an American citizen for a more than 3 years. I had my conditional green card. When I did apply to get my permanent green card (10 years), the immigration discover that my husband was " still " married with his first wife ( in FL ). I didn t know too. Neither he. The immigration canceled my green card saying that my marriage was invalided. Although my husband ( "ex husband" now - we got divorce last December ) haven't seen or have had any contact with his first wife for more than 8 years when we got married in California. Now my case is in court and the judge asked to find more cases like mine. I know there is a California Family Code 2201 saying that when you don't have any kind a contact with you spouse for more than 5 consecutive years you marriage is voidable. I have another court in September, and I am a little scared. Do you think that I will win my case? Please let me know anyone that had a case like me. Thanks in advance.

Answer 1

I'm confused. If your marriage was deemed invalid why would you have to get divorced? You wouldn't  becuase you are not married.

Answer 2

This law (as well as others in different states) is designed to allow a spouse of a missing person to remarry under the assumption that the prior spouse is dead. Just ignoring a spouse is not grounds for invalidating a marriage.

2201. (a) A subsequent marriage contracted by a person during the life of a former husband or wife of the person, with a person other than the former husband or wife, is illegal and void from the beginning, unless:

(1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.

(2) The former husband or wife (i) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (ii) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.

(b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.

Answer 3

Your husband knew he was married.  There's no way he could be surprised by it as the marriage and divorce laws are clear in the US.  You didn't commit bigamy, your husband did.  As to the green card, if your green card is invalid and you are still in the US, you are definitely deportable.

Answer 4

Maybe your hubby did it on purpose to get rid of you after he is"done". There is no way someone "forgot" that he is still married. I'm sorry for you and wish you all the best.

What an a......

Answer 5

You have to obtain a divorce in the United States before you can remarry. There isn't a law that says you can just walk away from a marriage since you haven't seen the person. The law says that may be grounds for divorce or maybe even annulment, but you have to file papers with the court and obtain a ruling. The marriage sits in the country court records until it is removed by the court.