Overseas Marriage Divorce

[equinox308]

Hi,

I have been married to someone in Vietnam (Vietnamese national) with a marriage certificate in Vietnam and I am a US citizen with US passport.

Shortly after the marriage in Vietnam-Over the years my spouse and I had a falling out/separation prior to my beginning the process of sponsoring her to America. Since then we now are not on talking terms and since there have been no marriage documentation done here in the US (no US marriage certificate etc), my question is would it be necessary to officially file for divorce in Vietnam since that is the only place we have a marriage certificate. Would there be any issues for me here in the states if I ever married someone from the US, I just dont want her or her family popping up some years later and try to sue me for money or things like that sort for making money scheme as they are in a poor country and I make good money here in the states so I heard things of this sort happening. We have no kids together, we just wanted to get married, went to do the marriage in Vietnam, and shortly thereafter had the falling out and never spoke again and I have went on with my life here in the states since. It has been 2 plus years and we have no contact or anything more to do with each other aside from the marriage certificate.

I dont even know her whereabouts,etc.

There was this immigration lawyer here in the states that wanted $1300 for the help with the divorce and he said I wouldnt need to do anything but sign papers and he would have things done on my part here and in Vietnam, however, if it's unnecessary I dont want to give away $1300 just for that. And even then what proof will I have that the lawyer did all the necessary steps and paperwork to officiate the divorce making it valid..as I am not familiar with Vietnam's laws and proceedings for divorce and how international law affects me here in the US

Thanks for your time and help.

[LdiJ]

Originally Posted by equinox308

Hi,

I have been married to someone in Vietnam (Vietnamese national) with a marriage certificate in Vietnam and I am a US citizen with US passport.

Shortly after the marriage in Vietnam-Over the years my spouse and I had a falling out/separation prior to my beginning the process of sponsoring her to America. Since then we now are not on talking terms and since there have been no marriage documentation done here in the US (no US marriage certificate etc), my question is would it be necessary to officially file for divorce in Vietnam since that is the only place we have a marriage certificate. Would there be any issues for me here in the states if I ever married someone from the US, I just dont want her or her family popping up some years later and try to sue me for money or things like that sort for making money scheme as they are in a poor country and I make good money here in the states so I heard things of this sort happening. We have no kids together, we just wanted to get married, went to do the marriage in Vietnam, and shortly thereafter had the falling out and never spoke again and I have went on with my life here in the states since. It has been 2 plus years and we have no contact or anything more to do with each other aside from the marriage certificate.

I dont even know her whereabouts,etc.

There was this immigration lawyer here in the states that wanted $1300 for the help with the divorce and he said I wouldnt need to do anything but sign papers and he would have things done on my part here and in Vietnam, however, if it's unnecessary I dont want to give away $1300 just for that. And even then what proof will I have that the lawyer did all the necessary steps and paperwork to officiate the divorce making it valid..as I am not familiar with Vietnam's laws and proceedings for divorce and how international law affects me here in the US

Thanks for your time and help.

Any marriage that was a legally valid marriage in the country where it was performed is a legally valid marriage in the US. The marriage does not have to be registered in the US.

Therefore, if you do not want to continue to have a legally valid marriage, then you need to get a divorce.

However, I would definitely consult with a divorce attorney in your area, before allowing the divorce to be handled by an immigration attorney...and you WILL need an attorney to handle this one, its not a DIY project.

[mistoffolees]

You are married. The fact that the marriage took place elsewhere is irrelevant.

You probably need to file for divorce in the US - in whatever state you are living in. I don't know the laws in Vietnam, (this site is US law only), but you are not a resident there. Certainly as far as US law is concerned, you file where you live. It would surprise me if you could pay $1300 to a lawyer here and get a valid divorce in a country where you don't even live, but foreign laws are strange. You're probably better off handling it here.

Since you don't know where she lives, it will be more difficult, but not impossible. You need to file for divorce by publication. That is not a DIY project, so you'll need an attorney to make sure it's done right - and it's likely to cost more than $1300. But at least you'll know that it's done properly.

[Proserpina]

Just want to double check - you did not sign the Affidavit of Support, correct? This all happened before you even put pen to paper, yes?

[equinox308]

To clarify, I am a US citizen living here in the USA I have never lived in Vietnam. The spouse I am married to on paper lives in Vietnam and never left there.

I do not recall signing an affadavit of support or not as the paperwork I signed were in VIetnam, all I had to provide was paperwork from US citingI have never been married before during the last 2-3 years or so to my recollection

[LdiJ]

Originally Posted by equinox308

To clarify, I am a US citizen living here in the USA I have never lived in Vietnam. The spouse I am married to on paper lives in Vietnam and never left there.

I do not recall signing an affadavit of support or not as the paperwork I signed were in VIetnam, all I had to provide was paperwork from US citingI have never been married before during the last 2-3 years or so to my recollection

My previous answer still stands.

[Proserpina]

Great, thanks for clearing that up

As long as you didn't actually submit paperwork to begin her green-card application there's nothing to worry about from that angle.

(to clarify, had you signed and submitted that I-864 Affidavit of Support you would be facing a much different issue financially. As you didn't, it's all good)

[kingston53]

It will cost more than $1300 but you can file for divorce in Guam. No need to locate her, but must stay on the island for 7 days. Its a us territory and recognized in all states. Check Wikipedia "divorce mills" for details