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Fatwa CenterMarried a non-Muslim American to gain legal status and then she embraced Islam
Question
Assalamu alejkum, In order to get legal status in the USA I have married to an American man. I pay him money for that and never had any intimate relationships with him, and I live far away from him. I converted to Islam half year after this marriage. So our marriage had nothing to do with Islam because I was not Muslim and my “husband” was and is not a Muslim. Now I would like to marry a Muslim guy (who doesn’t have any legal status) and wonder if I have to divorce this person I am married to now. I want to know is it halal or haram for me to marry (in mosque or in other country) without divorcing this man now. It’s been a year now since we’ve got married with him and I’ve got my first legal paper (I am in legal status now for the following 2 years if I don’t divorce). Staying married is the only way for me to be able study and to visit my family (they all are far away, back in my country), and if I divorce, I may not be able to see them for many years… Assalam alajkum warahmatullahi wa baraketuh.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
The marriage contract, which took place between you and that man, whether or not it was a correct marriage, became invalid from the time you embraced Islam. Since he did not consummate the marriage with you, you do not have to observe a waiting period, and you had the right to marry from the time you embraced Islam without obtaining an official document which proves that you are divorced. For more benefit, please refer to Fataawa 84931 and 87922. This is of course in relation to the religious status.
As regards the legal status, you should not expose yourself to legal infractions which may harm you in the future. Nonetheless, there is no religious harm in remaining on the current legal status which allows you to stay in the country until it is facilitated for you to adjust your legal status.
Allaah Knows best.
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