I 130 and proxy divorce

[banker135]

I am LAPR. My son has been married in Dom Rep for awhile. He entered to the USA with a visa (B1/B2) in 2023. While in the USA he divorced in 4/2025.
He gave me the Divorce certificate and i Filed the I 130 thinking the divorce was normal (like when done with 2 people) . I just found out his wife also traveled here and the divorce was not normal....it was via proxy. Are divorces via proxy allowed or recognized by immigration? should i have filed him as a married person?
I need help please.

 

[SusieQQQ]

Do you mean LPR?LPRs cannot file for married children. Is he over 21? Is he still in the US (it seemed like he hadn’t left before the 4/25 divorce) and what status is he on now?

 

[SusieQQQ]

As for proxy divorce, “it depends”. Some FYIs from another case

Generally, the validity of a foreign divorce will depend both on the divorce laws of the country that granted the divorce and the reciprocity laws in the specific U.S. state…

In various jurisdictions, foreign divorces granted in jurisdictions where the divorcing parties were not domiciled or bona fide residents have been found invalid. Still, in those states where there is no law expressly forbidding the recognition of foreign divorce in the absence of domicile, the reasoning provided by the majority in the Adjei decision can be persuasive. Keep in mind, however, that the present case ultimately turned not only on public policy considerations, but more importantly, on citizenship. Here, the facts involved divorcing parties who were both citizens of the country that granted the divorce. They also involved divorcing parties who were once domiciled in that country during part of their marriage. As a result, if your foreign divorce case involves parties who are not citizens of the country where the divorce was granted, this case may not be as persuasive.

Fourth Circuit Decision on the Legality of a Foreign Divorce and Subsequent Virginia Marriage | Catholic Legal Immigration Network, Inc. (CLINIC)

For immigration purposes, the legality of a marriage celebrated in the United States subsequent to a foreign divorce depends on whether the foreign divorce is recognized as valid by the state where the subsequent marriage has taken place. In this context, a federal appellate court interpreting...

www.cliniclegal.org

Even if the divorce ends up being recognized, from your initial post I am concerned that your son will be unable to adjust status as it sounds like he may have been out of status at some point. This is a bar to adjustment, but not to consular processing. However, if he has been out of status since his tourist visa stay expired in 2023, he will likely face a 10-year ban for overstay/unlawful presence. The only time out of status/ overstay is overlooked is for an immediate relative of a US citizen (parents, spouses and children under 21). Hence my questions above seeking clarification of his status.