Divorce prior to 485 interview

[gc_for_spouse]

I have a couple of questions I hope you can answer.

My friend's husband obtained a divorce decree in an Indian court without my friend being present there. She is here in the US and unable to travel due to visa issues. Is this divorce decree enforceable in the US?

Her I-485 interview is scheduled later this month. How can she deal with it? He was the primary applicant and she was the beneficiary. It has been over 4 years since the 485 application was filed (they were together at the time). What are her chances of getting an approval? Does she have any case at all?

She is going to speak to an immigration attorney but your answers will be very helpful.

 

[TheRealCanadian]

My friend's husband obtained a divorce decree in an Indian court without my friend being present there. She is here in the US and unable to travel due to visa issues. Is this divorce decree enforceable in the US?

Well, it depends. If the friend and her husband were both residing in the United States for four years prior to the divorce, then it could be argued that the proper jurisdiction for the divorce is actually the United States and not India, and therefore the divorce is not valid.