Can ex spouse file case for denaturalization after Mutual Consent divorce in India?

[Destinychild123 0]

Hi

 

I received my permanent GC a few years back under abuse waiver and citizenship in 2018 based on the same.

 

Finally, my spouse has agreed for mutual consent divorce in India (as contested case was going on there for several years). Can someone pls guide me if there is anything the spouse can do after divorce completion to jeopardize my citizenship?

 

P.S.: Indian divorce papers have a clause in there that neither parties can file any civil/criminal case against each other after the divorce is granted. We both live in USA. Will it hold good for USA as well? 
 

Thank you so much for your inputs. God bless you.

[NancyNguyen 1,657]

Divorce is irrelevant to your citizenship. Don’t overthink too much.

[aaron2020 11,651]

Why are you getting divorced in India?  India is not the proper place for you two to divorce since neither of you live there.  In order for a divorce in India to be valid, one of you must be living there.

 

Since both of you are living in the US, then you need to file for divorce in the state where one of you live.  

Edited January 18, 2021 by aaron2020

[Destinychild123 0]

5 minutes ago, aaron2020 said:

Why are you getting divorced in India?  India is not the proper place for you two to divorce since neither of you live there.  

 

Since both of you are living in the US, then you need to file for divorce in the state where one of you live.  

He filed for divorce 5 years back in India (inspite of him being usa citizen), and since then all proceedings always happened in India.

[aaron2020 11,651]

https://www.hg.org/legal-articles/divorce-entered-in-another-country-is-it-valid-in-the-u-s--47989#:~:text=Most divorces finalized abroad are,processes that the state requires.&text=Each state jurisdiction requires a,the couple needs to follow.

 

One of the requirements for a foreign divorce is normally for one spouse to reside in the country during the divorce process. The person must physically remain in the country with the other party given service or notice of the process if he or she is not in the same country.

 

3 minutes ago, Destinychild123 said:

He filed for divorce 5 years back in India (inspite of him being usa citizen), and since then all proceedings always happened in India.

Well, the divorce is not enforceable in the US.  He should have followed the law in his state.  

 

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Go see a US divorce lawyer.  You will probably get better results than an Indian court.  

Edited January 18, 2021 by aaron2020

[Destinychild123 0]

9 minutes ago, aaron2020 said:

https://www.hg.org/legal-articles/divorce-entered-in-another-country-is-it-valid-in-the-u-s--47989#:~:text=Most divorces finalized abroad are,processes that the state requires.&text=Each state jurisdiction requires a,the couple needs to follow.

 

One of the requirements for a foreign divorce is normally for one spouse to reside in the country during the divorce process. The person must physically remain in the country with the other party given service or notice of the process if he or she is not in the same country.

 

Well, the divorce is not enforceable in the US.  He should have followed the law in his state.  

 

----

Go see a US divorce lawyer.  You will probably get better results than an Indian court.  

Thank you so much Aaron. That is very informative. We were advised that since the marriage was conducted and registered in India, based on which I got my conditional GC... divorce in india would be recognized globally.. as per Indian lawyers. 

 

Thank you very much once again.
 

 

[aaron2020 11,651]

1 hour ago, Destinychild123 said:

Thank you so much Aaron. That is very informative. We were advised that since the marriage was conducted and registered in India, based on which I got my conditional GC... divorce in india would be recognized globally.. as per Indian lawyers. 

 

Thank you very much once again.
 

 

Indian lawyers do not know US laws.  

[pablo2752 106]

Relying on lawyers who don't know US laws was a mistake. 

But even when you divorce in the US, there is nothing your spouse can do anyting about your citizenship.