Sat | Nov 28, 2020

Immigration Corner | Am I still married?

Published:Monday | July 24, 2017 | 12:00 AM

Dear Mrs Walker-Huntington,

My son is filing for me and I stated that I was single on the application. My husband gave me the information in 2011 that he divorced me, and he got married again in 2013. But when I went to the Supreme Court in Jamaica, I was told that there was no entry there to show that I was divorced. The clerk told me that no divorce was registered for me, so I'm still married. What do I do?

- JR


Dear JR,

You didn't indicate if your husband was in Jamaica or if he was overseas at the time of the divorce. If you husband were in Jamaica at the time of the divorce, did you sign any documents or receive any documents from your husband or his attorney? If you didn't, that might be an indication that a divorce wasn't filed, or maybe your husband filed a divorce stating that he did not know of your whereabouts.

If your husband were overseas, he could have got divorced without you receiving any documents, by also saying that he didn't know where you were.


Contact your husband


If you can, you should get in touch with your husband to get to the bottom of the matter or hire an attorney in whichever jurisdiction he is (Jamaica or overseas) to find out if a divorce was obtained. If your husband is remarried and he has not been legally divorced from you, he is in a bigamous marriage. He is in especially serious problems if his subsequent marriage involved US immigration and the both of you are not legally divorced.

It would also be important to know if your husband is the father of your son.You should definitely consult with an attorney for assistance going forward to locate your divorce documents. If no documents can be found, you would need to amend your application and then secure your own divorce.

- Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal, international and personal injury law in Florida. She is a mediator, arbitrator and special magistrate in Broward County, Florida.