i-130 I-130 question related to divorce and remarriage

[topcatdc 0]

Hello everyone, 

I'm in a little dilemma about a situation i'm in and would appreciate any pointers you may give me. I'm a USC who recently got divorced. We got married in our native country and our marriage was never registered in the USA. It is also worth noting that my ex-wife sponsored me here and I eventually became a citizen through the marriage. We had a 9 year run before finally deciding to end the marriage. We filed our taxes as "MFJ" for all these years. We processed our divorce in our native country and did not file for a separate divorce in the US. The thought behind that was, since the marriage didn't occur in the US, nor it was formally registered anywhere other than mentioning "Married" on some forms, the marriage doesn't exist in the US. I'm planning to remarry and would want to sponsor my fiance and her kids at some point. My question is: 

 

- Will the USCIS/NVC ask for a divorce decree from the state we live in (MD)?

- Can I sponsor my fiance (and kids) with the divorce decree from my home country?

- Will she need custody papers from her ex for me to sponsor the kids?

 

Any help you can provide is greatly appreciated. 

Thank you VJ Family. You Rock!

 

[Roel 7,192]

Just to clarify, your marriage "existed" in the USA. Doesn't matter where you marry, youre still married no matter the country... 

[topcatdc 0]

Roel,

Understood. My question was, since the marriage was officially registered outside of the US, should it also be annulled in the same country? Or do we have to end it here? Any clarification is appreciated. 

Thanks. 

[Penguin_ie 5,993]

Either works; you won;t get an annulment in the USA thpough, not after 9 years of marriage, you'd need to file for a divorce.

[topcatdc 0]

Quote

Either works; you won;t get an annulment in the USA through, not after 9 years of marriage, you'd need to file for a divorce.

 

@Penguin_ie Thanks. for your reply. Does that mean the divorce decree from the foreign country will be accepted by USCIS? Please clarify. 

 

[Penguin_ie 5,993]

Yes absolutely

[topcatdc 0]

@Penguin_ie sorry for a follow up question. Any insight is helpful. After I filed for divorce in my home country and received the decree, my USC wife filed for divorce (separately) in the US.  This isthe most confusing part of this matter. Do I have to now wait for this divorce to be executed? Or can I go ahead with my out of country divorce decree? When the US divorce is executed, will there be a conflict in terms of date? 

Thanks so much!

Edited June 18, 2017 by topcatdc

[Penguin_ie 5,993]

She should not have done that, because you are already legally divorced (assuming the court in your country granted an official divorce, it is not just some cultural custom).  Similarly, if she is doing this because she thinks she can get a second bite at the apple,  more favourable terms for property division etc, the courts will not like that at all.  Inform her/ her lawyer that you two are already divorced, and she can safe herself some money by dropping case #2.

 

You can go ahead and use your foreign divorce decree.  If she does indeed file for divorce in the USA, do NOT ignore it (she will need to lie and say you are not divorced, the courts won;t do a search all over the world to see if you are); instead contact the court with a copy of your foreign divorce decree (and translation if necessary), and tell them you are already divorced.

[hellraiser 42]

Here is my 2 cents based on my limited knowledge:

 

- Will the USCIS/NVC ask for a divorce decree from the state we live in (MD)?

Answe:  Yes.  When you came here based on her application as a spouse, it was possible because the marriage document was accepted.  It may not be recorded in US marriage record but is accepted as equal. 

 

- Can I sponsor my fiance (and kids) with the divorce decree from my home country?

Answer:  once you became citizen, you are abide by the US rule.  Which means, I think you do not need to file for a divorce in USA and the one in Bangladesh would suffice.

 

- Will she need custody papers from her ex for me to sponsor the kids?

Answer:  yes.