Applying for Greencard... but there might be a snag.

[k-p 0]

In 2004 I married a Japanese woman while I was stationed in Japan. I won't get into the details, but we seperated and I came to the US. I filed for divorce in the US, but my ex-wife wouldn't respond to any of the notifications the US court sent her. So, basically I was granted a divorce in absentia in 2005. I don't believe that this divorce will be recognized in Japan. I have contacted my ex-wife a few times, and she refuses to allow me to divorce her in Japan. Again, a long story.

The same year I divorced I also married another Japanese woman. She was on an F-1 visa. We've applied for her change of status, and decided that I'll sue my ex-wife for a divorce in Japan once we have the money. It'll be expensive, and we both work and go to school, so we just can't do it now.

Now, we have our interview in May. We're both a little afraid that my wife won't be granted a change of status because I may not be legally divorced in Japan, although I do have a divorce certificate from the US courts. I'd love any help here. Do we have a reason to be worried? Should I take out a loan and immediately hire a Japanese lawyer? Will USCIS even be concerned about this?

Thank you for your time.

Edited April 3, 2007 by k-p

[florida_guy07 0]

In 2004 I married a Japanese woman while I was stationed in Japan. I won't get into the details, but we seperated and I came to the US. I filed for divorce in the US, but my ex-wife wouldn't respond to any of the notifications the US court sent her. So, basically I was granted a divorce in absentia in 2005. I don't believe that this divorce will be recognized in Japan. I have contacted my ex-wife a few times, and she refuses to allow me to divorce her in Japan. Again, a long story.

The same year I divorced I also married another Japanese woman. She was on an F-1 visa. We've applied for her change of status, and decided that I'll sue my ex-wife for a divorce in Japan once we have the money. It'll be expensive, and we both work and go to school, so we just can't do it now.

Now, we have our interview in May. We're both a little afraid that my wife won't be granted a change of status because I may not be legally divorced in Japan, although I do have a divorce certificate from the US courts. I'd love any help here. Do we have a reason to be worried? Should I take out a loan and immediately hire a Japanese lawyer? Will USCIS even be concerned about this?

Thank you for your time.

I don't think there will be a problem because you are legally divorced in the US, however I am speaking from "gut instinct" and I think everyone here will as well, so you might want to consult with an immigration lawyer.

Edited April 3, 2007 by florida_guy07

[Dr_LHA 3]

I don't think there will be a problem because you are legally divorced in the US, however I am speaking from "gut instinct" and I think everyone here will as well, so you might want to consult with an immigration lawyer.

This is my "gut instinct" as well. If you have US court documents showing you are divorced, you should be in the clear.

[Robin28 2]

I would think the same .. if your legally divorced in the USA your in the clear .. Good luck !

[k-p 0]

I would think the same .. if your legally divorced in the USA your in the clear .. Good luck !

Thanks all for the replies. I think my heart rate is back to normal now.

[florida_guy07 0]

I am glad it is, but I'd still ask an immigration attorney just to be 100% because as far as I know none of us here who replied atre attorneys, so we speak from what WE think could happen based on what we seen and heard.

[Dr_LHA 3]

I would advise a pragmatic approach. The interview is in May, its unlikely that the OP would be able to sort out any legal issues surrounding their divorce by then. I think the best plan would be to go to the interview, see what happens, and if it is an issue, deal with that. Going to a lawyer right now would be a waste of money, IMHO. I really doubt that USCIS cares whether Japan recognises the divorce, if the US does.

[florida_guy07 0]

I agree... he can go to any attorney who offers a free first consultation... but you are right, nothing he can do right now.

[eau_xplain 2]

I know of a couple wherein the alien filed for divorce here in the US but her marriage was originally in the Philippines. Her divorce was granted in absentia. There is no divorce in the Philippines but as far as the US is concerned, she is already divorced from her Filipino husband.

She eventually got married to a USC, applied for AOS and got her GC without a problem.

But, it is prudent to consult a knowledgeable lawyer as you want to be sure that you will not have problems with your own case.