Nikkah in the US..

[Ramna]

Here's the fact:
Italian lady and a Muslim man have a love relationship and want to get married.
He got the immigrant visa and is about to move to US.
He was previously married, then separated and currently has filed for divorce which is still processing and so it hasn't been finalized yet (it will take a few more months).
Once he will have moved to the US, they will have to wait for the divorce to be granted before they can get married.
Italy belongs to the Visa Waiwer Program and so his girfriend is allowed to travel to the US without a visa for tourist travel of 90 days or less, during which she needs to provide them with a return ticket and she cannot change her marital status.
The question is:
When she get there, will it be legal for them to perform a Nikkah contract, before his divorce has been granted?
Will this change her marital status for the US law?
She will then go back to Italy, before the end of the 90 days; what it will be the requested procedure for her to move to the US? Will he need to apply for a specific visa to call her, to get married over there?

Thanks a lot in advance for your kind reply!

[Naresh Gehi]

The nikah in the U.S. can only be performed if there is a formal divorce from the Court. Without the Divorce Decree, it can constitute bigamy which is prohibited under the laws of the United States. If the person is divorced, and if the sponsoring spouse is a U.S. Citizen, then the visiting spouse can qualify for a green card without leaving the U.S. if she enters under the Visa Waiver Pilot Program.