QUESTION
Why divorce certificates being rejected
Asked on Aug 17th, 2022 on Immigration - New Jersey
More details to this question:
I have petitioned for my husband to join me in the US. Case currently with NV but his divorce certificate for his previous marriage has been rejected twice by NVC. Reason being it should come from appropriate jurisdiction authority. His previous marriage took place in Ghana and that’s where the divorce certificate was issued although they lived in England at that time. Could it be that they are requesting for divorce certificate from England instead? It’s taking forever. My husband has been visiting from UK because he is a British citizen who lives in England. Should I let him overstay his visit and move the application over to the US? I need his help to raise my boys.
1 ANSWER
Immigration Law Attorney serving Windsor, CT
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Did you confirm that the divorce decree is correct according to Ghana law?
I have had clients who presented documents not issued by the appropriate authorities. They were either unaware of the issue or didn’t want to deal with the hassle of getting the correct record. I know it can be a real hassle, but you have no choice.
Additionally, having him overstay his I-94 is not a good idea. Chances are, he is entering the US on a visa waiver program that prohibits him from adjusting his status in the US.
Further, you will still have to deal with the issue related to his divorce decree.
Lastly, if he were to seek a divorce in the UK, the date of the divorce will be after your marriage date, which would result in your marriage being void under US law.
I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free.
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Greg Dann, Esq., MBA
Immigration Attorney
GAD Legal, LLC
www.gadlegal.com
Gdann@gadlegal.com
Office: (888) 315-4828
Fax: (412) 847-5885
Answered on Aug 23rd, 2022 at 12:59 PM