QUESTION

Will the United States recognize a divorce that is granted in Mexico?

Asked on Feb 14th, 2013 on Divorce - New York
More details to this question:
My fiance and I want to get married in the United States. I am a United States citizen and divorced here. He was previously married in his home country to a citizen of that same country. He has been granted a divorce in Mexico but Mexico is not the country that he is from and got married in. Will the INS and the United States courts recognize this as a valid divorce? Will our subsequent marriage be recognized as valid?
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8 ANSWERS

If a marriage is entered into or terminated according to the laws of another country, then it is given full faith and credit in other jurisdictions, including other countries.
Answered on Feb 25th, 2013 at 2:05 AM

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Adebola O. Asekun
Subject to some exceptions too numerous to detail here, a divorce decree obtained in and recognized under the laws of one country will generally be accorded the same recognition by the US. However, an applicant for divorce decree must first show that s/he meets the jurisdictional requirements for grant of the divorce from the court issuing the divorce. To be be sure your boyfriends Mexican divorce will be recognized by USCIS, you need assurances that this Mexican divorce. Because, if he is not a Mexican national and did not submit to its jurisdiction; did not establish residence in Mexico nor was the marriage he now seeks to dissolve entered in Mexico, issues about the legitimacy of this Mexican divorce may come up. Therefore, he, not you should objectively clarify things before you marry or file any paperwork with CIS because, absent convincing proof of the legitimacy of his divorce, your future marriage may not be recognized by CIS for immigration purposes.
Answered on Feb 18th, 2013 at 7:05 PM

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The divorce in Mexico will be recognized in the U.S.
Answered on Feb 17th, 2013 at 9:00 PM

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If the divorce is legally recognized in Mexico then California will accept it. Normally the place of marriage or country of origin is not relevant.
Answered on Feb 17th, 2013 at 8:49 PM

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If the divorce is legal in Mexico, it should be legal here. INS may want specific documents to prove it was legally done, so check with them.
Answered on Feb 17th, 2013 at 8:02 PM

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The courts will recognize a divorce from another country if the procedures in that country are similar to those applicable in the US. In other words, if the other party is provided with notice of the suit, given an opportunity to be heard, etc. or it is an agreed order, the courts are more likely to recognize it as being valid.
Answered on Feb 17th, 2013 at 7:48 PM

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Yes, Immigration will recognize that divorce, but as always with immigration, you will need to provide the official document. And yes, as long as you two are eligible to marry each other (other marriages terminated, etc) your marriage here will be recognized and valid.
Answered on Feb 17th, 2013 at 7:43 PM

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Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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You would be best served by having an experienced Immigration Attorney review all of the documents that you have. The money spent on a consultation may save you a great deal down the road if there are any issues.
Answered on Feb 16th, 2013 at 11:19 AM

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