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  • legal question

    Is it legal if a naturalized USC(still married in his country of origin)marries an alien from that country, before divorcing from the ex-spouse(or, at least, no validating/updating their divorce in their country of origin)?
    What implications can this situation have in relation to the present marriage?

    Thank You!

  • #2
    Is it legal if a naturalized USC(still married in his country of origin)marries an alien from that country, before divorcing from the ex-spouse(or, at least, no validating/updating their divorce in their country of origin)?
    What implications can this situation have in relation to the present marriage?

    Thank You!

    Comment


    • #3
      100 % not legal.... his/her ex might sue for bigamy....and once its on record of BCIS ...he/she is gonna have lots of fun in any further procedure with BCIS...Don't go for it...Have a nice day...Pasha

      Comment


      • #4
        Even after this naturalized USC goes for that option then that marriage will not be valid at all...and USC will look like a fool and placed in such a condition that if this issue opens up after lets say 15 yrs ... they are not married just staying together and have kids if they do...and that's it...that might jeopardize at any time in future legal status of USC and spouse of USC for defrauding BCIS for immigration benefits...

        Comment


        • #5
          Pasha Patel
          It was not clear to me what you mean by saying "even if this naturalized USC goes for that option then that marriage will not be valid at all..."
          What option are you talking about?
          What marriage would not be legal? the one with the recent spouse?
          If so, why do they ask only for divorce papers in the USA?
          What if the USC divorced in the USA, and married another person before validating the divorce with ex-spouse in their country of origin?
          Will the immigrant alien take responsability for the negligence of the spouse?

          Thanks!

          Comment


          • #6
            Pasha, Someone,

            The USC divorced from ex-spouse in the USA, before marrying again. There's no comflict about that. By te way, both ex-spouses married again in the USA, but they never validated their divorce in their country of origin. That's why neither of them is going to sue for bigamy.
            Thanks!

            Comment


            • #7
              Are you asking if they must get a divorce in the country where the marriage took place originally?

              If the answer is yes, i think they should just to cover all the bases.

              if they didn't get a divorce in the other country, what if BCIS verify the divorce and it comes back that they are still married?

              Comment


              • #8
                olp,

                Yes, both are naturalized USC, they both married other persons in the USA. They divorced in the USA. In their country of origin, they're still legally married, though.
                In other words, the two of them are bigamus(if such word exists!!!)
                In other words, the present spouse cannot validate their marriage in their country of origin because his/her spouse is still legally married there.
                What about the rights of the present spouse concerning legal matters, such as porperties aquired back in their country (which happens to be the same as the ex-spouse)?
                What a hassle!!!

                Comment


                • #9
                  Hi Mrs. Loney Heart,

                  Your first post was not that clear and with sufficient information. As you asked ...

                  Your words.....

                  "Before divorcing from the ex-spouse (or, at least, no validating/updating their divorce in their country of origin)?"

                  That means divorce decree is not there. What else anyone should understand from the sentence made by you? Now there are different scenario ...from your recent post... let me tell you point by point

                  1. if you are not divorced from the first spouse, second marriage is not valid in any case no matter what...that is the bottom line...
                  2. if you got divorce in USA in a competent court there might be lot of things considered before it can be valid ...... first of all... divorce can be taken at place where marriage took place or at least for 6 months both parties have resided together.... If the other spouse never came to USA and didn't live together, he can still raise this question of breach of promise or legit marriage in any court be it in USA or Other country...and if he/she never came to USA that divorce will not be valid and you will have to go through competent court in spouse's country... this is what I know .... Lot of things depends on different country's law ...so if u specify little more about ur case or country of spouse .... If its India then I can give you good source of info and information coz I know little bit about it...

                  Have a nice day...! Pasha

                  Comment


                  • #10
                    Now other thing I just read your reply...

                    " In their country of origin, they're still legally married, though.
                    In other words, the two of them are bigamus(if such word exists!!!)
                    .Present spouse cannot validate their marriage in their country of origin because his/her spouse is still legally married there."

                    That means they (spouses in other country) were never informed about this divorce process...is that correct? If yes then this divorce decree is not valid...sorry if I m not giving the answer you want to hear but want to help you as much as I can...u got to publish in local newspaper in other country about this matter and if there is no oppose in other country court for 30 days then it might work....but you need to talk to a lawyer from that country...that will help you a lot I guess... Good luck...Pasha

                    [This message was edited by Pasha Patel on December 23, 2003 at 05:43 PM.]

                    Comment


                    • #11
                      Hi Mrs. Lonely Heart...

                      Your post is kind of "word salad" ... too much confusing... now if this is the case as I understand... ... is there only 1 couple involved in this situation? Husband – wife? if yes and if they both(one couple) got divorced here in USA then there is no problem...u don't need to do anything in country of origin...your divorce decree is valid through out the world... but if one spouse is in native country and other got divorce in USA without letting the person in native country know abt it... then follow my previous posts... Have a good night and best of luck...Pasha

                      Comment


                      • #12
                        I agree that the wording of your questions is a bit choppy. However- no worries because many here are speakers of English as a Second language, and that s OK.

                        Pasha points out that if you mean that a divorce action was filed in a state where on e person resided (the amount of time difers by state), but that the action was not properly served on the other party, than although there is a signed judgment it can be *challenged* at any tim eby the other party because there was never proper jurisdiction.

                        However, if both parties of the marriage that was dissolved were properly under the jurisdiction of the court where the action was filed, and the non-petitioning spouse was properly served, that that signed judgment is valid in any state in the US- we have a law guaranteeing that every state will respect the judgments of its sister states.

                        Whether another country will *recognize* the divorce depends on the country. States have voluntarily agreed that they will recognize the judgments of other states. Countries differ on their recognition. For example we do not recognize some divorces performed in the Dominican Republic if the US says that DR never had proper jurisdiction over the marriage (because of lack of domicile). However, I think it is unlikely that any country would refuse to give credit to a US divorce between two US residents as long as it is translated and has an Apostille. The US certainly would recognize a Dominican divorce between two residetns of the DR if it has an Apostille. And the date of the divorce would be the date of the judgment, the day it was signed by the judge, not the day the Apostille was affized, or whenever it was presented with some application in thge US. I believe you are, ultimately, asking us to answer a question about the laws of your country. For USCIS purposes, a valid US divorce is sufficient to show availability to marry.

                        Comment


                        • #13
                          Mrs. Lonely Heart

                          "In other words, the present spouse cannot validate their marriage in their country of origin because his/her spouse is still legally married there."

                          You don't need to worry .... US Divorce Decree from competent court will be sufficient enough when u go to native country for getting new marriage registered... u just need to update this info with filing proper form submitting along with photocopy of US divorce decree.

                          "What about the rights of the present spouse concerning legal matters, such as properties acquired back in their country (which happens to be the same as the ex-spouse)?
                          What a hassle!!!"

                          If both previous spouses divide property with mutual understanding ...that will be the best thing without hassle, otherwise it might end up again in court resolving these issue as I m sure property in other county would be left out without settlement in US court....

                          Good luck.........Pasha

                          Comment


                          • #14
                            Hello everybody!

                            Sorry if my posts looked confused. Actually, the situation is confusing.
                            Let me summarize the situation in order to clarify it.

                            A married couple from a South American country immigrates to USA in 1980(now they're both USC). After about 15 years living in CA-USA, they got divorced. They never validated their divorce in their country of origin(South America).

                            They both married other persons in the USA(she married an American, he married a woman from the same country he and his ex-wife came from).
                            Their country of origin recognizes/validates divorces decree from USA and other countries, provided one of them files for that.
                            Neither of the ex-spouses filed to update their marital status back there, thus, they are still legally married.That is, to have the NEW/PRESENT marriage(which took place in CA-USA) validated back in their country of origin, it's required, first, to update the divorce. And that depends exclusively on the ex-spouses wilingness to do that.

                            Meanwhile,the USC and the present South American wife have acquired properties in their country of origin.
                            Who has the rights in the sharing, if the USC husband is still legally married in his country of origin: the ex-wife or the present wife?

                            Thanks

                            Comment


                            • #15
                              Lonely

                              Did you not just answer your own question? You said the south american coutry reconizes the US divorce. There is a divorce certificate. End of story.

                              you say that validating the divorece in S A country depends on ex spouse willingness. ( It doesnt matter.. There is a divorce decree recognized by that country that will be accepted.)

                              The only claim the first wife will have to anything of ex husband is partial claim on his Social Security when the time comes due to length of her marriage to him.

                              Why do you think he is still legally married in country of origin?

                              Divorce is Divorce

                              Marriage is Marriage.
                              ITs WORLDWIDE!!
                              It is not marriage by country or divorce by country.... There is ONE marriage. One Divorce!
                              I never understand why some alien never understand this concept that marriage in america is different than marraiage elsewhere. This is not Saudi Arabia or Egypt where the govenments there allow such for religious beliefs.

                              Comment

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