Previous Marrige

[pushbrk 14,517]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

[desert_fox 32]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

dunno.....could be a problem. I didnt realize that she had never been to the US.

See what a lawyer can do.

[Hartmjo3 0]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

Thank you ... I think you are correct I need to clarify a bit. Yes I did get married in Peru and she never came here to the USA. I had started the paperwork for VISA and it was approved. At about the same time she vanished? I have been calling...phone turned off, and e-mail etc. I did manage to get a hold of her mother, but all she told me is that I need to forget???? Anyway, as you can see I am kind of lost as to what to do next. Thanks much for the help.

[Brad and Vika 130]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

Thank you ... I think you are correct I need to clarify a bit. Yes I did get married in Peru and she never came here to the USA. I had started the paperwork for VISA and it was approved. At about the same time she vanished? I have been calling...phone turned off, and e-mail etc. I did manage to get a hold of her mother, but all she told me is that I need to forget???? Anyway, as you can see I am kind of lost as to what to do next. Thanks much for the help.

OK - here is another question or two. Was it a civil or religious ceremony? What documentation do you have? The court of jurisdiction in this case will probably be the court where you, the petitioner, resides. I am a little concerned about the willingness of a court to disolve a foriegn marraige without consent of both parties when she has never been in the US, unless you can show cause (like abandonment). State laws and, frankly, the quality of the judge you get matter here. In some states family court judges are uncomfortable asserting jurisdiction over a matter when the status of one or more of the partys is unclear. Also, the recognition of the Peruvian government of an American divorce is really important if your next visa will go through the same country. You don't want to have a new Peruvian beneficiary, an American divorce, and a conflicting valid Peruvian marriage. In other words, getting a divorce here won't help you if you were married civilly in Peru and Peruvian authorities do not recognize the validity of the divorce under these circumstances.

Now about the new visa. The fact that she never came here on the visa may actually work in your favor initially, but I have to imagine a fresh divorce etc. under the circumstances will give a consular officer reason to question your intent to marry. Definitley consult an immigration attorney after a good divorce lawyer. You might want to try and annul the marraige. So long as the annulment is effective after the visa expires there should be no problem if she never used the visa. Document carefully, and save everything.

Maybe there are VJers with a specific background in international family law that can help answer some of the concerns above. Absolutely find a lawyer that not only does divorce, but understands the international/immigration component.

[pushbrk 14,517]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

Thank you ... I think you are correct I need to clarify a bit. Yes I did get married in Peru and she never came here to the USA. I had started the paperwork for VISA and it was approved. At about the same time she vanished? I have been calling...phone turned off, and e-mail etc. I did manage to get a hold of her mother, but all she told me is that I need to forget???? Anyway, as you can see I am kind of lost as to what to do next. Thanks much for the help.

OK - here is another question or two. Was it a civil or religious ceremony? What documentation do you have? The court of jurisdiction in this case will probably be the court where you, the petitioner, resides. I am a little concerned about the willingness of a court to disolve a foriegn marraige without consent of both parties when she has never been in the US, unless you can show cause (like abandonment). State laws and, frankly, the quality of the judge you get matter here. In some states family court judges are uncomfortable asserting jurisdiction over a matter when the status of one or more of the partys is unclear. Also, the recognition of the Peruvian government of an American divorce is really important if your next visa will go through the same country. You don't want to have a new Peruvian beneficiary, an American divorce, and a conflicting valid Peruvian marriage. In other words, getting a divorce here won't help you if you were married civilly in Peru and Peruvian authorities do not recognize the validity of the divorce under these circumstances.

Now about the new visa. The fact that she never came here on the visa may actually work in your favor initially, but I have to imagine a fresh divorce etc. under the circumstances will give a consular officer reason to question your intent to marry. Definitley consult an immigration attorney after a good divorce lawyer. You might want to try and annul the marraige. So long as the annulment is effective after the visa expires there should be no problem if she never used the visa. Document carefully, and save everything.

Maybe there are VJers with a specific background in international family law that can help answer some of the concerns above. Absolutely find a lawyer that not only does divorce, but understands the international/immigration component.

All good points but since he says he got a petition approved for her, there's no doubt the marriage was legal and registered because unless he submitted evidence to support that it was, no petition would have been approved.

[Brad and Vika 130]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

Thank you ... I think you are correct I need to clarify a bit. Yes I did get married in Peru and she never came here to the USA. I had started the paperwork for VISA and it was approved. At about the same time she vanished? I have been calling...phone turned off, and e-mail etc. I did manage to get a hold of her mother, but all she told me is that I need to forget???? Anyway, as you can see I am kind of lost as to what to do next. Thanks much for the help.

OK - here is another question or two. Was it a civil or religious ceremony? What documentation do you have? The court of jurisdiction in this case will probably be the court where you, the petitioner, resides. I am a little concerned about the willingness of a court to disolve a foriegn marraige without consent of both parties when she has never been in the US, unless you can show cause (like abandonment). State laws and, frankly, the quality of the judge you get matter here. In some states family court judges are uncomfortable asserting jurisdiction over a matter when the status of one or more of the partys is unclear. Also, the recognition of the Peruvian government of an American divorce is really important if your next visa will go through the same country. You don't want to have a new Peruvian beneficiary, an American divorce, and a conflicting valid Peruvian marriage. In other words, getting a divorce here won't help you if you were married civilly in Peru and Peruvian authorities do not recognize the validity of the divorce under these circumstances.

Now about the new visa. The fact that she never came here on the visa may actually work in your favor initially, but I have to imagine a fresh divorce etc. under the circumstances will give a consular officer reason to question your intent to marry. Definitley consult an immigration attorney after a good divorce lawyer. You might want to try and annul the marraige. So long as the annulment is effective after the visa expires there should be no problem if she never used the visa. Document carefully, and save everything.

Maybe there are VJers with a specific background in international family law that can help answer some of the concerns above. Absolutely find a lawyer that not only does divorce, but understands the international/immigration component.

All good points but since he says he got a petition approved for her, there's no doubt the marriage was legal and registered because unless he submitted evidence to support that it was, no petition would have been approved.

True, and reading my comments above, I probably wasn't clear enough. There is no doubt that USCIS and State accepted that the marriage was valid for the purposes of granting a visa. A family court may not find that compelling enough to assert jurisdiction over the marriage under the circumstances (married in Peru - spouse never entered US). Even if that hurdle is crossed, the Peruvian civil authorities may not accept a divorce decree from an American court over a Peruvian marriage when the Peruvian national was not present, never entered the jurisduction, was not effectively served (US public notice not being recognized if she had no meaningful opportunity to see it and understand it - verifiable because she never entered the country), and lastly did not consent to jurisdiction let alone divorce. Family law does differ from place to place, and these issues may not be a problem where the OP lives or in Peru- all the more reason for competent counsel in my opinion.

[pushbrk 14,517]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

Thank you ... I think you are correct I need to clarify a bit. Yes I did get married in Peru and she never came here to the USA. I had started the paperwork for VISA and it was approved. At about the same time she vanished? I have been calling...phone turned off, and e-mail etc. I did manage to get a hold of her mother, but all she told me is that I need to forget???? Anyway, as you can see I am kind of lost as to what to do next. Thanks much for the help.

OK - here is another question or two. Was it a civil or religious ceremony? What documentation do you have? The court of jurisdiction in this case will probably be the court where you, the petitioner, resides. I am a little concerned about the willingness of a court to disolve a foriegn marraige without consent of both parties when she has never been in the US, unless you can show cause (like abandonment). State laws and, frankly, the quality of the judge you get matter here. In some states family court judges are uncomfortable asserting jurisdiction over a matter when the status of one or more of the partys is unclear. Also, the recognition of the Peruvian government of an American divorce is really important if your next visa will go through the same country. You don't want to have a new Peruvian beneficiary, an American divorce, and a conflicting valid Peruvian marriage. In other words, getting a divorce here won't help you if you were married civilly in Peru and Peruvian authorities do not recognize the validity of the divorce under these circumstances.

Now about the new visa. The fact that she never came here on the visa may actually work in your favor initially, but I have to imagine a fresh divorce etc. under the circumstances will give a consular officer reason to question your intent to marry. Definitley consult an immigration attorney after a good divorce lawyer. You might want to try and annul the marraige. So long as the annulment is effective after the visa expires there should be no problem if she never used the visa. Document carefully, and save everything.

Maybe there are VJers with a specific background in international family law that can help answer some of the concerns above. Absolutely find a lawyer that not only does divorce, but understands the international/immigration component.

All good points but since he says he got a petition approved for her, there's no doubt the marriage was legal and registered because unless he submitted evidence to support that it was, no petition would have been approved.

True, and reading my comments above, I probably wasn't clear enough. There is no doubt that USCIS and State accepted that the marriage was valid for the purposes of granting a visa. A family court may not find that compelling enough to assert jurisdiction over the marriage under the circumstances (married in Peru - spouse never entered US). Even if that hurdle is crossed, the Peruvian civil authorities may not accept a divorce decree from an American court over a Peruvian marriage when the Peruvian national was not present, never entered the jurisduction, was not effectively served (US public notice not being recognized if she had no meaningful opportunity to see it and understand it - verifiable because she never entered the country), and lastly did not consent to jurisdiction let alone divorce. Family law does differ from place to place, and these issues may not be a problem where the OP lives or in Peru- all the more reason for competent counsel in my opinion.

Again all your points are well taken but only USCIS, not DOS has accepted the marriage certificate as sufficient to approve a petition. There was no interview so, DOS decided nothing. I'm just keeping the facts straight here. The couple is married. The OP hasn't indicated the new girlfriend's nationality but unless she's peruvian, it won't matter what the Peruvian authorities think about a US divorce.

[Hartmjo3 0]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

Thank you ... I think you are correct I need to clarify a bit. Yes I did get married in Peru and she never came here to the USA. I had started the paperwork for VISA and it was approved. At about the same time she vanished? I have been calling...phone turned off, and e-mail etc. I did manage to get a hold of her mother, but all she told me is that I need to forget???? Anyway, as you can see I am kind of lost as to what to do next. Thanks much for the help.

OK - here is another question or two. Was it a civil or religious ceremony? What documentation do you have? The court of jurisdiction in this case will probably be the court where you, the petitioner, resides. I am a little concerned about the willingness of a court to disolve a foriegn marraige without consent of both parties when she has never been in the US, unless you can show cause (like abandonment). State laws and, frankly, the quality of the judge you get matter here. In some states family court judges are uncomfortable asserting jurisdiction over a matter when the status of one or more of the partys is unclear. Also, the recognition of the Peruvian government of an American divorce is really important if your next visa will go through the same country. You don't want to have a new Peruvian beneficiary, an American divorce, and a conflicting valid Peruvian marriage. In other words, getting a divorce here won't help you if you were married civilly in Peru and Peruvian authorities do not recognize the validity of the divorce under these circumstances.

Now about the new visa. The fact that she never came here on the visa may actually work in your favor initially, but I have to imagine a fresh divorce etc. under the circumstances will give a consular officer reason to question your intent to marry. Definitley consult an immigration attorney after a good divorce lawyer. You might want to try and annul the marraige. So long as the annulment is effective after the visa expires there should be no problem if she never used the visa. Document carefully, and save everything.

Maybe there are VJers with a specific background in international family law that can help answer some of the concerns above. Absolutely find a lawyer that not only does divorce, but understands the international/immigration component.

All good points but since he says he got a petition approved for her, there's no doubt the marriage was legal and registered because unless he submitted evidence to support that it was, no petition would have been approved.

True, and reading my comments above, I probably wasn't clear enough. There is no doubt that USCIS and State accepted that the marriage was valid for the purposes of granting a visa. A family court may not find that compelling enough to assert jurisdiction over the marriage under the circumstances (married in Peru - spouse never entered US). Even if that hurdle is crossed, the Peruvian civil authorities may not accept a divorce decree from an American court over a Peruvian marriage when the Peruvian national was not present, never entered the jurisduction, was not effectively served (US public notice not being recognized if she had no meaningful opportunity to see it and understand it - verifiable because she never entered the country), and lastly did not consent to jurisdiction let alone divorce. Family law does differ from place to place, and these issues may not be a problem where the OP lives or in Peru- all the more reason for competent counsel in my opinion.

Again all your points are well taken but only USCIS, not DOS has accepted the marriage certificate as sufficient to approve a petition. There was no interview so, DOS decided nothing. I'm just keeping the facts straight here. The couple is married. The OP hasn't indicated the new girlfriend's nationality but unless she's peruvian, it won't matter what the Peruvian authorities think about a US divorce.

Thanks much to all!! I feel very fortunate to receive such good advice!!

[Brad and Vika 130]

File in the state where you live. You have her served by publication in the newspaper.

See an attorney to file and for the affadavits required for service by publication. No need to find her.

Even if she has never been here? I married her in Peru?

Thanks much

Your case is confusing because people are left to make too many assumptions.

I take it you married in Peru, you are the US Citizen and she's never been in the USA. If this is so, it may still be possible to file without actually finding her. Check the local laws governing such matters in your State.

If I've concluded incorrectly, please clear up the scenario for us.

Thank you ... I think you are correct I need to clarify a bit. Yes I did get married in Peru and she never came here to the USA. I had started the paperwork for VISA and it was approved. At about the same time she vanished? I have been calling...phone turned off, and e-mail etc. I did manage to get a hold of her mother, but all she told me is that I need to forget???? Anyway, as you can see I am kind of lost as to what to do next. Thanks much for the help.

OK - here is another question or two. Was it a civil or religious ceremony? What documentation do you have? The court of jurisdiction in this case will probably be the court where you, the petitioner, resides. I am a little concerned about the willingness of a court to disolve a foriegn marraige without consent of both parties when she has never been in the US, unless you can show cause (like abandonment). State laws and, frankly, the quality of the judge you get matter here. In some states family court judges are uncomfortable asserting jurisdiction over a matter when the status of one or more of the partys is unclear. Also, the recognition of the Peruvian government of an American divorce is really important if your next visa will go through the same country. You don't want to have a new Peruvian beneficiary, an American divorce, and a conflicting valid Peruvian marriage. In other words, getting a divorce here won't help you if you were married civilly in Peru and Peruvian authorities do not recognize the validity of the divorce under these circumstances.

Now about the new visa. The fact that she never came here on the visa may actually work in your favor initially, but I have to imagine a fresh divorce etc. under the circumstances will give a consular officer reason to question your intent to marry. Definitley consult an immigration attorney after a good divorce lawyer. You might want to try and annul the marraige. So long as the annulment is effective after the visa expires there should be no problem if she never used the visa. Document carefully, and save everything.

Maybe there are VJers with a specific background in international family law that can help answer some of the concerns above. Absolutely find a lawyer that not only does divorce, but understands the international/immigration component.

All good points but since he says he got a petition approved for her, there's no doubt the marriage was legal and registered because unless he submitted evidence to support that it was, no petition would have been approved.

True, and reading my comments above, I probably wasn't clear enough. There is no doubt that USCIS and State accepted that the marriage was valid for the purposes of granting a visa. A family court may not find that compelling enough to assert jurisdiction over the marriage under the circumstances (married in Peru - spouse never entered US). Even if that hurdle is crossed, the Peruvian civil authorities may not accept a divorce decree from an American court over a Peruvian marriage when the Peruvian national was not present, never entered the jurisduction, was not effectively served (US public notice not being recognized if she had no meaningful opportunity to see it and understand it - verifiable because she never entered the country), and lastly did not consent to jurisdiction let alone divorce. Family law does differ from place to place, and these issues may not be a problem where the OP lives or in Peru- all the more reason for competent counsel in my opinion.

Again all your points are well taken but only USCIS, not DOS has accepted the marriage certificate as sufficient to approve a petition. There was no interview so, DOS decided nothing. I'm just keeping the facts straight here. The couple is married. The OP hasn't indicated the new girlfriend's nationality but unless she's peruvian, it won't matter what the Peruvian authorities think about a US divorce.

No offense taken. I didn't mean DOS itself - I meant the consular officer that approved the visa, if I read the OP correctly. I guess I was making a leap assuming that the Peruvian marriage was to a Peruvian national, and that when the OP indicated that he wanted a visa for his new SO, that she was also Peruvian. If so, I would respectfully suggest that it does matter if again, under these circumstances, Peru recognizes an American divorce as valid. There is some case law (to my admittedly fuzzy recollection) that deals with the issue of having a spouse in America that married the respondent while there was still a valid marraige in the immigrants country of origin - although I think in the case I read the immigrant was the one with two spouses. If Peru says that the divorce isn't valid, then arguably the OP has not entered into a successful marraige contract the second time (making another obvious assumption there). Having a wife in Peru will have an effect on the immigration status of the second wife(?) here in the US. Let me know if that seems at all illogical.