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davejoe

Divorce questions

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Hello All,

I divorced my wife in my country of origin. Both of us are on green card - now my wife is saying that divorce is not recognized in the USA and she wants a civil divorce here from the court. What do I need to do to prove my divorce is legal and will it be valid in USA? I'm really sorry for posting in part of the form. Thanks in advance for your help!

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***moved to off topic from IR1/CR1 process and procedures as OP isn't acting about immigration benefits or processes but rather legality of divorce***


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Validity of Foreign Divorce in US

Generally, a divorce granted by a court in a foreign country is recognized as valid by US courts through comity. Comity is where the courts of one country respect and enforce another country's laws and judicial decisions. In most states, the courts will enforce a foreign divorce only if both spouses received adequate notice of the divorce proceeding, meaning:

  • One spouse was living in the foreign country at the time of divorce, and
  • The spouse living in the US received service of process - the formal delivery of legal notice of the divorce proceeding

Source: http://family-law.lawyers.com/divorce/Getting-a-Divorce-in-a-Foreign-Country.html


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***Moved to effects of major family changes from off topic as topic has now taken an immigration standpoint turn***


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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He can't do that. Divorce does not invalidate the I-864.


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I divorced my wife in my country of origin. Both of us are on green card - now my wife is saying that divorce is not recognized in the USA and she wants a civil divorce here from the court. What do I need to do to prove my divorce is legal and will it be valid in USA? I'm really sorry for posting in part of the form. Thanks in advance for your help!

You don't mention your "country of origin". If it was a legally (as in court obtained) divorce, then it is valid here. If it was a religious divorce... that's can depend. If you come from Australia as your flag implies, and your divorce was obtained in Australia, then it's valid. What exactly are her reasons for wanting ANOTHER divorce? I would be wary of her trying to claim more from the divorce... either way, just like if you're married you're married, if you're divorced you're divorced.

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Ok great, my brother gave me his tax papers to file I864. What should I do to withdraw her name from I864?

As was stated above, there is NO WAY for her name to be "removed" from the I-864. It is legally binding until she dies, naturalises, leaves the US (and gives up her LPR status), or works 40 SSA quarters. It is important to remember he is NOT legally responsible for her "debts". He MAY only be sued by the US government if she uses means tested benefits. He is not required to give her money, he doesn't have to pay her rent/mortgage/credit card debt/medical debt etc.. ONLY if the government sues him for repayment.

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You don't have to do a thing. If you have a legal divorce let her deal with it. If she wants to file for divorce in the US all you have to do is show up with your divorce papers from the other country and the case will be dismissed.

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OP you can be sued in Federal court over the I864, is the I864 a contract with you and the government..YES. I have done tons of research in the area and there is a LOT of CASE LAW about immigrant spouses suing in court in order to get money using the I864. Your ex is what is called a third party beneficiary on the contract. see the following case, Kamali VS Kamli out of the federal court in Texarcana (Spelling may be wrong) but Dr. Kamali was ordered to pay child support plus support on the I864 so it is possible, BUT VERY RARE, it takes a lot of money and time (years) for these cases to wind there way thru the court. Think of it like this, there are 300,000 people that come here on the family based visa a year, amount of lawsuits brought using the form, maybe two a year so relax and know that she will not be coming after you, BTW I have never read a case where the US government has sent a bill or taken anyone to court over this form, ever.

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<snip> I have never read a case where the US government has sent a bill or taken anyone to court over this form, ever.

I have. Try a google search. I read about where they went through a rash of "revenue raising" and started chasing people for past debts incurred by immigrants with an active I-864 at the time.

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Hello Friends,

Thank you all for your replies - quite honestly, this case belongs to my friend who is also my neighbour. He is from Pakistan and he told me that he got his divorce according to the religious law over there, and it is issued by the government of Pakistan. One weird thing he told me that he didn't even go to Pakistan to divorce his wife. His family priest did all the paperwork - he said, he dont have to sign any document. According to his religion he can divorce his wife in front of two witnesses pretty much anytime, anywhere in the world and tell the government. No court hearins is involved unless the wife challenges the divorce - which was not done in his case.

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Hello Friends,

Thank you all for your replies - quite honestly, this case belongs to my friend who is also my neighbour. He is from Pakistan and he told me that he got his divorce according to the religious law over there, and it is issued by the government of Pakistan. One weird thing he told me that he didn't even go to Pakistan to divorce his wife. His family priest did all the paperwork - he said, he dont have to sign any document. According to his religion he can divorce his wife in front of two witnesses pretty much anytime, anywhere in the world and tell the government. No court hearins is involved unless the wife challenges the divorce - which was not done in his case.

This doesn't sound like a legal divorce so I don't blame her for wanting a legal divorce.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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