Divorce laws in California/overseas?

Question

Here's a relatively complicated situation:

1. A friend of mine has a father that once had a green card for the US. As they left to go back to their country, they would probably have to start again.

2. The above party was married to someone & they were never officially divorced in the state of California - even thought the couple hasn't lived together for years. As such, they are having a hard time getting the party back into the USA (the other party has married and divorced twice since then).

3. While my friend has been able to track down the party that has married and divorced twice, the party is less than willing to actually support getting an official divorce.

Are there any resources that the family could use to get their father back into the USA?

Answer 1

Yes totally. He is still married to a US citizen.

The father married to the party in california was never divorced. Therefore, the two marriages and divorces that occurred afterwords are completely invalid. Bigamy and Biandry are illegal - marriages that cause bigamous or biandrous marriages are not real. In fact, the divorce settlements don't even count because those people were never legally married. The only official marriage is the one between your father and his wife, which has yet to be a divorce.

So check this out, if you have been married to a US citizen for over 10 yrs, you are eligible for naturalization. Your father is still technically married to her, hence he should be eligible for naturalization. At very least, he can obtain legal residency because he is married to a US citizen. If she doesn't want to get an official divorce, all the better for your father.

All you really need now is a lawyer.

Answer 2

It takes 3 months or so for divorce to bypass into result, in accordance to Islam. during those 3 months and till now the spectacular pronunciation of divorce, the husband and spouse can lower back start up conjugal kin and the divorce won't bypass into result. So the relatively message of Islam prescribes a technique that takes months for a guy to furnish divorce. yet in lots of international locations the regulations have further different issues and made the approach distinctive. you may argue that 3 months or so continues to be an user-friendly thank you to furnish divorce or maybe that there must be no thought of divorce in any respect. yet that may no longer an extremely sound recommendations-set. all of us understand that circumstances improve in authentic existence the place divorce will become the wanted difficulty. there is basically no escaping this actuality no remember how plenty we dislike it. So its good to have the alternative of divorce. If the recommendations-set of divorce is made very difficult or if there's no option of divorce in any respect then human beings will basically p.c. to no longer get married so as that they are able to steer away from all the top soreness if the choose for divorce arises. consequently, a particularly much less stressful divorce additionally helps in urging human beings to get married and if it does not artwork out then they are able to get divorce. the alternative could be cohabitation without marriage this is forbidden.