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ag87

Divorcing in another country

By ag87 in Effects of Major Family Changes on Immigration Benefits

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ag87 Rookie

ag87   0

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Good afternoon, I was wondering how does divorcing in another country from my wife carries over in the U.S specifically, Massachusetts.  My wife and I married in the Dominican Republic and we are also getting mutually divorced there and it should be finialized with 2 weeks. In the divorce agreement no ailomony was requested or granted so does that apply to over here as well. We have one child but she is my step child and I have no legal authority to her but my wife and I both want me to still be in her life. Things have been difficult lately as I am trying to leave our current place and she is insisting that it is my legal obligation to financial maintain her and i am confused as to why she thinks that. Any help will be appreciated

 

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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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Presumably as she is thinking of the I 864? which does not say that but has been used in Divorce settlements, obviously very much depends on the circumstances.

 

Divorce in DR, legal there legal in the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   45,223

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from General Immigration Discussion to the Effects of Major Changes forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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discoverusa Community Regular

discoverusa   258

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Filed: Citizen (apr) Timeline
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Are all of you currently residing in the Dominican Republic or US? Did your wife and stepdaughter immigrate to United States?

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

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*********************************************************************************

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01/09/2017 - interview passed

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ag87 Rookie

ag87   0

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted

Yes we both reside in the U.S and we both decided to do a mutual divorce in the D.R. as there is where we married, and Yes, she and my step daughter immigrated here on CR 1&2 visas

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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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Good luck

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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W199 Enthusiast

W199   331

Posted
Filed: K-1 Visa Country: Philippines
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4 hours ago, ag87 said:

Good afternoon, I was wondering how does divorcing in another country from my wife carries over in the U.S specifically, Massachusetts.  My wife and I married in the Dominican Republic and we are also getting mutually divorced there and it should be finialized with 2 weeks. In the divorce agreement no ailomony was requested or granted so does that apply to over here as well. We have one child but she is my step child and I have no legal authority to her but my wife and I both want me to still be in her life. Things have been difficult lately as I am trying to leave our current place and she is insisting that it is my legal obligation to financial maintain her and i am confused as to why she thinks that. Any help will be appreciated

 

If you are both residents of Massachusetts, you technically cannot get divorced in a foreign country because that  would bypass the divorce laws of Massachusetts. But if your wife was still considered a resident of the DR, or a big maybe, if the DR still has legal jurisdiction over your Wife (or you), then it would be legal in Mass. Some Countries have a law that will consider you a resident for the purposes of granting of a divorce after staying there for a week (in order to get around this issue).

 

Hence, the strength of the divorce certificate and the terms of the divorce (alimony) depend on if you can prove the DR had jurisdiction over you or your ex, just one is enough. 

 

Hence, you should be fine unless your ex takes you to court to challenge the validity of the divorce or the terms of the agreement.  If you can prove the DR had jurisdiction, you'd be all set.  And the answer to that depends upon the law in the DR. 

 

There have been rare cases when the wife went to file for social security or something, they denied it saying the marriage was not legal due to the divorce not being valid under the laws of your State, often due to the place not having legal jurisdiction. 

 

I had gotten divorce overseas as well.  I have had zero issue or questioning using the foreign decree in getting remarried or getting a visa and greencard, etc.. with my new Wife. But we got divorced, same as you, in the country where she got married, but in my case she stayed in her Country, so no one can challenge the residency and hence the jurisdiction.   Since your Wife is from DR and you got married there, probably you won't either, unless your Wife tries to challenge it. Then it would depend on how good your lawyers are and the judge.

 

 

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dwheels76 Grand Master

dwheels76   5,468

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Filed: Citizen (apr) Country: Nigeria
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You divorce where you are living and resident not the DR. And it's so much simpler in US.

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Boiler Grand Master

Boiler   45,434

Posted
Filed: K-1 Visa Country: Wales
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Posted

Sort of assumed they are both from DR

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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