Question #87: My wife and I got married in rhode Island and have since then moved to NYC, her hometown. After a year, we were to file for immigration for myself, she is the US citizen. However, she reveals to me that she was married in New York and has no idea whether she is divorced or not, doesn’t remember ever getting a divorce paper, haven’t seen her ex for year and cannot find any information on any divorce or if he did file for divorce then. Has no contact with the man in years Bottom line: she has been lying to me all these times we have been together, on our marriage certificate she says first time marriage. and now she still can’t prove to me she is divorced. My question: how do I get out of this marriage? Should I get an annulment or just get a divorce. Which one is faster. we are retrieving her marriage record. How long does it take to completely get the annulment/divorce. Do we need to go to court? She is willing to sign. Thank you

If your wife never got divorced from her first husband, your marriage was not legal and you have grounds for an annulment.
The time it takes to get the annulment or divorce will be about the same.
As long as your spouse is cooperative, I can prepare all of the documents and you will not have to make any court appearances.
Please contact me when you get the marriage records.

Leonard Weiner, Esq./Divorce Solutions