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It seems that you are asking about your marriage to an undocumented immigrant (a/k/a an illegal alien). The lack of a legal Immigration status has no effect on the validity of a marriage. Persons illegally present in the United States can marry citizens, or marry other undocumented immigrants, and their marriages are perfectly legal.

If you married a foreigner (whether he has a visa, a green care or neither) then you remain legally married to him (even if he returns to his country) and you may not marry again unless you first obtain a legal divorce.

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Q: Do you need to get a divorce if your husband was illegal?
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