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Thread: legal question

  1. #1
    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. #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!

  3. #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

  4. #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...

  5. #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!

  6. #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!

  7. #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?

  8. #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!!!

  9. #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

  10. #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.]

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