Married in Brazil my Spouse lives in the USA

[Sean M Michelli]

I am American born and raised in Seattle WA, living in Brazil for the past 8 years, my wife is Brazilian, we married in 2005 and in 2006 we decided to seperate, my wife went to the USA with my daughter who is now 3 years old, they are living in Destin Florida, my daughter has dual citizenship and my wife has been there on a tourist visa that has been expired for more than a year making her status irregular.
How do I go about a divorce? I have contacted attorneys in Brazil and they have said that she must return to Brazil for a divorce, or I must go there to handle the divorce, she is not planning on returning to Brazil, I may go there to handel this matter but I must know if it is possible to proceed with divorcing from the USA so I dont go there for nothing.
How should I proceed?

Sincerely;
Sean M. Michelli
[email protected]

 

[LdiJ]

I am American born and raised in Seattle WA, living in Brazil for the past 8 years, my wife is Brazilian, we married in 2005 and in 2006 we decided to seperate, my wife went to the USA with my daughter who is now 3 years old, they are living in Destin Florida, my daughter has dual citizenship and my wife has been there on a tourist visa that has been expired for more than a year making her status irregular.
How do I go about a divorce? I have contacted attorneys in Brazil and they have said that she must return to Brazil for a divorce, or I must go there to handle the divorce, she is not planning on returning to Brazil, I may go there to handel this matter but I must know if it is possible to proceed with divorcing from the USA so I dont go there for nothing.
How should I proceed?

Sincerely;
Sean M. Michelli
[email protected]

Honestly, your best bet would be to contact an attorney in Florida to discuss how best to proceed with the divorce.

 

[ariastar]

Her visa has been expired for more than a year, so it's been at least that long since you've seen the child.... And you're concerned about being rid of your ex. Priorities, eh?

 

[Sean M Michelli]

My child

Her visa has been expired for more than a year, so it's been at least that long since you've seen the child.... And you're concerned about being rid of your ex. Priorities, eh?

My ex-wifes visa has nothing to do with when I visit my child, I visit my child frequently, and have always been there for my baby, my child is not the issue at hand, the issue is that I need to be legaly divorced inorder to move forward with my life in Brazil, there are financial issues in Brazil that I am dealing with that depend on this divorce.
I suggest you research your facts before you come to conclusions and state remarks regarding Priorities eh!

 

[Sean M Michelli]

Honestly, your best bet would be to contact an attorney in Florida to discuss how best to proceed with the divorce.

Thank you for your advise.

 

[Farfalla]

My ex-wifes visa has nothing to do with when I visit my child, I visit my child frequently, and have always been there for my baby, my child is not the issue at hand, the issue is that I need to be legaly divorced inorder to move forward with my life in Brazil, there are financial issues in Brazil that I am dealing with that depend on this divorce.
I suggest you research your facts before you come to conclusions and state remarks regarding Priorities eh!

Custody and visitation rights should be avery high priority during your divorce. You wife is also now in the USA illegally. If she were deported what will happen with your child?

 

[Sean M Michelli]

Custody and visitation rights should be avery high priority during your divorce. You wife is also now in the USA illegally. If she were deported what will happen with your child?

I have already consulted the US Consulate in Brazil regarding this matter, I will have my ex returned to Brazil however I must first have her agree to the divorce, her terms are that she stays in the USA, OK, for now, once I get the divorce I will take action to gain costody of my child using the agency indicated by the US Consulate and the Brazilian legal system.
If I have her forced to return to Brazil she will never agree to a divorce and will be a bigger problem, my ultimate goal is to have her back in Brazil with my child, but for now, I visit my child frequently and am not pressing her return to Brazil, first the divorce then child costody in which case by Brazilian law and US Immigration she will be obligated to return or risk deportation, and charges in Brazil.
In the case of deportation, I would be contacted imediately to gain costody of my child, again I have already registered the case with the agency indicated by the US Consulate regarding costody issues.