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, but we hope this information is helpful. In the U.S., marriage is recognized based on state law. Since your marriage in Peru was never legalized in the U.S., you are not considered legally married here and can marry again without seeking a divorce in Peru.
However, complications may arise if you return to Peru with your new wife or if your Peruvian ex-wife seeks you out in the U.S. If you believe these situations are unlikely, you likely have nothing to worry about.
If you had a Catholic wedding in Peru and are a practicing Catholic in the U.S., the Catholic Church may require an annulment for you to marry again in the Church. This could be a complex process. If you are not a practicing Catholic, this may not be a concern for you.
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.