Full question:
Nearly ten years ago I married my Peruvian girlfriend in Peru. Her application for her immigrant visa was denied and she was never able to move to the United States to live with me. After a year and a half we went our separate ways. The marriage was never legalized in the United States. I could not claim her as my wife here. Now, I would like to marry my current girlfriend. Is it necessary to seek a divorce in Peru before doing that? We have been apart for 10 years and have never lived together as man and wife.
- Category: Marriage
- Date:
- State: Washington
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
Our information is that there is no need for you to seek a divorce in Peru. In the US, marriage is legally recognized based on state law. If you do not have a state marriage certificate, you are not legally married in the US, so you are free to get married. There might be complications if you were legally married in Peru and you go back to Peru (with your American wife), or if your Peruvian wife comes looking for you in the US. However, if you do not believe these are likely possibilities, you have nothing to worry about.
I mention the following only on the off-chance that it is relevant to you: Peru is largely Catholic. If you had a Catholic wedding there, and you are a practicing Catholic here in the US and want to have a Catholic marriage to your American wife, you will get major flak from the Catholic Church if you are forthright with them - they would consider you outside the good graces of the church and unable to receive the sacraments, unless you were able to get the Peruvian marriage "annulled," which is doubtful, being a matter of Catholic church law for which there must be a recognized reason.
If you are not a practicing Catholic, you can disregard all that.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
