Need your advice

[Adventine 3,214]

Thank you for clarifying. You will have to find a way to obtain those official divorce papers, whether you travel there, authorize someone in the country to do it for you, order the documents online and have it shipped to your current address, or (perhaps unpleasant and distasteful) ask your ex-husband for copies.

[duneshines 0]

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Edited January 4, 2021 by duneshines
Duplicate post

[duneshines 0]

10 minutes ago, Lucky Cat said:

3.  Nope.

But even though I do terminate (again) by filing for and getting a divorce here in the US, I can't petition with this marriage?

[JeanneAdil 6,677]

Your exhusband would have had to file for a divorce in his county and state so there would be court records in the county seat where he lived at the time

If he moves around a lot ,  then,  not so easy

contact a lawyer in US to see if there are any divorce papers as u need a copy

 

BTW we don't register a foreign marriage in the US / but you did register it with immigration

[Timona 4,208]

1. Folks, if the ex remarried in the US, doesn't that mean he had to atleast make sure he's divorced from OP? That's part of the requirement to re-marry/ marry.

 

2. You can only divorce/ terminate marriage to a person once i.e if you terminate in Texas, that’s it. You wouldn't need to go terminate in NY, WI etc

 

Based on the above 2, can't the OP reach out to ex-husband and ask for a copy of the divorce or ask where the divorce was filed so that she gets her own copy? (Saying this since the US has a better way of documenting stuff and OP can easily obtain it by calling ex or county clerk where divorce was filed).

 

[carmel34 3,657]

4 minutes ago, Timona said:

(Saying this since the US has a better way of documenting stuff and OP can easily obtain it by calling ex or county clerk where divorce was filed).

OP clarified that it was a foreign divorce, somewhere difficult to request a copy of the certified divorce decree without physically going there.

 

OP, it would help if you tell us the country where the foreign divorce was done.  That way we could suggest ways for you to get the papers, assuming that you cannot get a copy from your ex-husband.

 

Proving the first divorce happened would be the best way forward.  It would get very complicated if you try to divorce a second time, as the second divorce would be dated after you got re-married, so that would mean you would also have to end the second marriage via divorce as well, then after both divorces are done, get married again to the same person you just divorced.  Getting the papers from the first divorce would be the best option and avoid so many potential problems for US immigration, not to mention the hassles and expense you would face with two divorces and a re-marriage.  Good luck!

[JeanneAdil 6,677]

5 minutes ago, carmel34 said:

OP clarified that it was a foreign divorce, somewhere difficult to request a copy of the certified divorce decree without physically going there.

 

OP, it would help if you tell us the country where the foreign divorce was done.  That way we could suggest ways for you to get the papers, assuming that you cannot get a copy from your ex-husband.

 

Proving the first divorce happened would be the best way forward.  It would get very complicated if you try to divorce a second time, as the second divorce would be dated after you got re-married, so that would mean you would also have to end the second marriage via divorce as well, then after both divorces are done, get married again to the same person you just divorced.  Getting the papers from the first divorce would be the best option and avoid so many potential problems for US immigration, not to mention the hassles and expense you would face with two divorces and a re-marriage.  Good luck!

Actually she said "he must have divorced as he remarried"  and many countries allow more than one marriage 

she doesn't mention that country married and/or divorced from (1st marriage) so i still say

 

Lawyer needed and i don't usually say that

[Pinkrlion 2,724]

1 hour ago, duneshines said:

Sorry for the confusion. I didn't file for a divorce "in the US", but did where we got married. It was divorce in absentia. I don't have the papers to prove it though. I lost them.

I left the country a long time ago and haven't been there since. Another thing maybe worth mentioning is that my first husband also remarried, in the US.

 

So...

 

1) Is a foreign divorce accepted?

 

2) If yes, then is there any other solution besides traveling to get the papers? That's going to be bpporderline impossible for a host of reasons...one of which is the pandemic/lockdown.

 

3) If I just file for divorce now, would my current marriage count?

 

4) Since my ex remarried, he must have gotten a divorce in absentia.
Wouldn't that mean I would have automatically been divorced? Is so, how can I find out if I ia considered divorced in the US?

 

Thanks again everyone!

A foreign divorce is accepted by USCIS, if you attempted to serve spouse where they lived.  You cannot file absentia divorce in a country they did not live in.  

 

Also, you do not need to contact ex-husband to obtain divorce paperwork, you have to contact the county court where divorce occurred or state where divorce occurred and request a certifified copy.  

Edited January 4, 2021 by Pinkrlion

[Boiler 46,216]

Well we do not in which Country she divorced, in the UK she could get it by mail, not sure if you can download it, I know in Denmark everything is a download.

[Boiler 46,216]

We have Australia, US and UK mentioned.

[milimelo 4,571]

13 minutes ago, Boiler said:

We have Australia, US and UK mentioned.

And there’s always power of attorney possibly so you can pay an attorney to do the legwork and get you the paperwork - for a price of course. Embassies often have lists of attorneys on their websites under US citizen services/info (as well as doctors). 

[Timona 4,208]

1 hour ago, carmel34 said:

OP clarified that it was a foreign divorce, somewhere difficult to request a copy of the certified divorce decree without physically going there.

 

 

Yap. I did read that and that is why I suggested getting her ex husband's US version will be easier since it's well documented here in the US.

[igoyougoduke 1,676]

3 hours ago, duneshines said:

I am planning to move to the US with my partner of 10 years/husband of 4. I've been overseas all this time we've been together and just recently got back to the US to handle some business. I've been coming and going for a couple of years now - but I've mostly been here. My husband is in the UK.

 

I'm originally from Australia and became a US citizen more than 30 years ago through my first husband. We separated in 1997. I met someone a few years later and we were together (common law) for 8 years, also in the US, for the most part. We have children together.

 

My concern at the moment, which I haven't thought about until now, is that I have never filed for a divorce from my first husband. We didn't get married in the US so I guess I - admittedly due to ignorance - never thought that I had to file for a divorce in the US. I still not sure tbh.

 

My husband and I have been living together for 10 years and had a civil marriage 4 years ago. I registered the marriage at the US embassy at the time. We also file our taxes jointly.

 

Considering the above, will there be any problems getting my husband here on a CR1/IR1?

 

Thank you so much for any feedback.

 

In Simple Terms without divorce documents ( does not matter which country you got divorced) you will be unable to sponsor your new husband. USCIS will deny your application without divorce records.

 

[Marieke H 2,523]

3 hours ago, duneshines said:

But even though I do terminate (again) by filing for and getting a divorce here in the US, I can't petition with this marriage?

This would create an even bigger mess. If you file for divorce now, that would mean you are currently married to your first and second husband at the same time, making your second marriage ineligible for immigration benefits. You would have to divorce the second husband as well and then remarry him.

 

Trying to track down your divorce papers seems like a much easier solution. 

[aaron2020 11,651]

There is potentially a huge mess here. 

Were you or your ex-husband residents of where the divorce took place?  If neither of you were residents of the country at the time where the divorce took place, then you got a huge problem.  You mentioned getting divorced in abstentia.  Under state law, residents must get a divorce in local state court.  US immigration law only recognizes those divorces when it comes to you petitioning your current husband. 

A.  You need divorce papers from your first marriage.

B.  The divorce papers must be from a place where you or your ex-spouse was a resident at the time the divorce was granted.