can any of the forum gurus like BobSmyth, BigJoe5,jacklantern please advise me?

L

letmelive

Registered Users (C)
Hi

I did post my question in the family based GC category 2 days ago but did not get much responses. I have noticed this section of forum to be more active and hence am posting here hoping some of the forum gurus would advise me PLEASE.
My main question is that does USCIS accept divorce by publication as legal proof of termination of previous marriage? I had no other option due to total non cooperation of ex-spouse. Or does it insist on divorce in country where marriage occurred? I have been living in US since years and have divorced in the county where I live. Thanks guys.

Here is the link to my post:
forums.immigration.com/showthread.php?324546-Urgent-Advice-needed-regarding-previous-divorce-decree-and-filing-GC

Please add http before it as I can't yet post link to urls.
 
letmelive said:
Hi

I did post my question in the family based GC category 2 days ago but did not get much responses. I have noticed this section of forum to be more active and hence am posting here hoping some of the forum gurus would advise me PLEASE.
My main question is that does USCIS accept divorce by publication as legal proof of termination of previous marriage? I had no other option due to total non cooperation of ex-spouse. Or does it insist on divorce in country where marriage occurred? I have been living in US since years and have divorced in the county where I live. Thanks guys.

Here is the link to my post:
forums.immigration.com/showthread.php?324546-Urgent-Advice-needed-regarding-previous-divorce-decree-and-filing-GC

Please add http before it as I can't yet post link to urls.
Click to expand...

The burden of proof is on you. You must supply a "legal brief" and supporting evidence. Your brief must cite to the law of the foreign country (and include FULL copies) as to the legality of the procedure. You must spell out the specific procedures required under that foreign law. Then you must present credible evidence of compliance. If USCIS does not already know about it, they may and likely would ask the Law Library of the Library of Congress to perform legal research on the topic in that country. That is not all, you must then demonstrate that it is accepted as legally recognized in the U.S. State where you live and wish to re-marry or have remarried.

This goes for anyone not just someone seeking a green card or naturalization.
 
letmelive said:
Hi

I did post my question in the family based GC category 2 days ago but did not get much responses. I have noticed this section of forum to be more active and hence am posting here hoping some of the forum gurus would advise me PLEASE.
My main question is that does USCIS accept divorce by publication as legal proof of termination of previous marriage? I had no other option due to total non cooperation of ex-spouse. Or does it insist on divorce in country where marriage occurred? I have been living in US since years and have divorced in the county where I live. Thanks guys.

Here is the link to my post:
forums.immigration.com/showthread.php?324546-Urgent-Advice-needed-regarding-previous-divorce-decree-and-filing-GC

Please add http before it as I can't yet post link to urls.
Click to expand...

I don't know what you mean divorce by publication............USCIS in my experience accepts final divorce decree in any court in the usa or in any foreign country...As far as your espouse non-cooperating goes, if you live in the usa you don't need her cooperation. All you need is to go to the court and file the divorce paperwork. Then you will have to serve her a notice, which you send her last know address....after three months, the court will grant the divorce decree....There is a lot of paperwork involved, but it is doable....

As far as other traditional methods go, like getting notorized divorce from people who know your divorce or anything like that, uscis does not accept it...the divorce decree must be from competent authority...governmets...
 
Thanks BigJoe and faysal.
@faysal Divorce by publication means divorce acquired by publishing through a national newspaper(which the court recognizes) of last known address in usa of ex spouse. It takes longer infact and took me more than 6 months. It was done through a lawyer and I have a proper divorce decree from my circuit court where I live. I followed all procedures and it is in the state where I live since many years and not like a quickie divorce or something. Just was worried if USCIS accepts it since I am a foreign citizen and so is my ex spouse.
 
letmelive said:
Thanks BigJoe and faysal.
@faysal Divorce by publication means divorce acquired by publishing through a national newspaper(which the court recognizes) of last known address in usa of ex spouse. It takes longer infact and took me more than 6 months. It was done through a lawyer and I have a proper divorce decree from my circuit court where I live. I followed all procedures and it is in the state where I live since many years and not like a quickie divorce or something. Just was worried if USCIS accepts it since I am a foreign citizen and so is my ex spouse.
Click to expand...

"I have a proper divorce decree from my circuit court where I live", that is you need...goog luck
 
You must log in or register to reply here.
Top