Jump to content
gracemleone

Divorcing a Mexican Marriage in the US

By gracemleone in Mexico, Latin & South America

 Share

18 posts in this topic

Recommended Posts

gracemleone Newbie

gracemleone   0

Posted
Filed: Country: Mexico
 Timeline
Posted (edited)

Hi,

I hope I am posting this in the correct section..

I was wondering, can a Mexican national, who is in the US illegally, file for divorce from the US?

His wife does not want to cooperate with the divorce so it will be a contested divorce.

What is the easiest way to do this? File divorce in Mexican courts using a power of attorney? Or is there a way to do this in the US so he can remarry?

They have 2 children, if it makes a difference

Thanks

Edited by gracemleone

March 2002- Met in Turkey

March 03-2003- Moved to CA :((

July 2003- Visited Ozcan in Turkey

Dec. 2003- Spent Christmas together in Turkey

Feb 2004- Got engaged!!!

June 2004- Met Ozcan in Turkey again

Jan 2005- Graduated and went back to istanbul

June 2005- Joined VJ, gathering paperwork

August 1- Will see ozcan!!!

Link to comment
Share on other sites
Mononoke28 Grand Master

Mononoke28   134

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

Yes, he can file for divorce from the US. There's a few steps he needs to follow to prove that he's "contacted" his spouse for her signature. I believe the lawyer also publishes an ad in the newspaper to prove they were trying to get a hold of her to do so. People do it all the time even without their spouses knowing about it, but it's best that he consults with a lawyer, at least to find out how it's done.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Link to comment
Share on other sites
Mononoke28 Grand Master

Mononoke28   134

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted (edited)

But you can still file for divorce from here, unbeknownst to his/her spouse. Unfair, but doable. All he has to do is "claim" that he can't locate his wife and then file for divorce via publication.

If you can't locate the Respondent can't be located you may request that he/she be served via publication or posting. This can only be done with a court order and your court clerk will know the process for serving via publication or posting in your county.

Here's more: http://www.womansdivorce.com/filing-divorce-papers.html

Diana

Edited by Mononoke28

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Link to comment
Share on other sites
Mononoke28 Grand Master

Mononoke28   134

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

He should do it "Colombian style". Divorce her via publication and not tell her. That way he can have his new wife here in the US and his "wife" in Colombia waiting for him without any of the two ever finding out. :lol:

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Where was this person married? If married in Mexico, you file for divorce in Mexico. Married in the US, you file in the US. Maybe I misunderstood your post?

You can file for a divorce in whichever jurisdiction one of the two complainants currently reside.... A divorce (including a foreign marriage) does NOT have to happen in the jurisdiction it occured in.

Edited by payxibka

YMMV

Link to comment
Share on other sites
Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
Where was this person married? If married in Mexico, you file for divorce in Mexico. Married in the US, you file in the US. Maybe I misunderstood your post?

You can file for a divorce in whichever jurisdiction one of the two complainants currently reside.... A divorce (including a foreign marriage) does NOT have to happen in the jurisdiction it occured in.

I respect your posts a lot, but when it comes to Mexican divorce laws, they are complex, specially for someone not residing in the country and who has children from the marriage. Not as clear cut as it might seem.

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Where was this person married? If married in Mexico, you file for divorce in Mexico. Married in the US, you file in the US. Maybe I misunderstood your post?

You can file for a divorce in whichever jurisdiction one of the two complainants currently reside.... A divorce (including a foreign marriage) does NOT have to happen in the jurisdiction it occured in.

I respect your posts a lot, but when it comes to Mexican divorce laws, they are complex, specially for someone not residing in the country and who has children from the marriage. Not as clear cut as it might seem.

They are resident in the USA and are currently subject to the laws of the USA and NOT Mexico..... Just because one party is an alien does not mean the laws of the land do not or cannot apply... besides I never said it could not happen in Mexico but logistically seems difficult... Does Mexico do divorces by proxy?

Edited by payxibka

YMMV

Link to comment
Share on other sites
thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
They are resident in the USA and are currently subject to the laws of the USA and NOT Mexico..... Just because one party is an alien does not mean the laws of the land do not or cannot apply... besides I never said it could not happen in Mexico but logistically seems difficult... Does Mexico do divorces by proxy?

Not a resident. They are living illegally. How can US laws apply to someone who is illegal? Maybe I don't understand that whole process.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
They are resident in the USA and are currently subject to the laws of the USA and NOT Mexico..... Just because one party is an alien does not mean the laws of the land do not or cannot apply... besides I never said it could not happen in Mexico but logistically seems difficult... Does Mexico do divorces by proxy?

Not a resident. They are living illegally. How can US laws apply to someone who is illegal? Maybe I don't understand that whole process.

So if an illegal resident commits murder, the laws of the USA do not apply?

Resident can mean legal and illegal... physical presence is required to be resident.

YMMV

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
As far as I know, there can be divorce in absentia --- but with one partner being without status of any kind in the United States and with children in the middle; it is not a wham-bam-thank-you-ma'am process.

never said it was... and I agree that if the one party exposes there lack of legal status during this proceeding can be an even bigger issue, regardless of children or not....

YMMV

Link to comment
Share on other sites
Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
As far as I know, there can be divorce in absentia --- but with one partner being without status of any kind in the United States and with children in the middle; it is not a wham-bam-thank-you-ma'am process.

never said it was... and I agree that if the one party exposes there lack of legal status during this proceeding can be an even bigger issue, regardless of children or not....

You are right, said person will indeed expose his non-status during the process and probably get kicked out.

Can it be done? possibly so, if he has the resources and willingness... and a sh1tload of luck. One wonders....

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...