Can I divorce to foreign national living in foreign country from the U.S?

[redhat19]

What is the name of your state (only U.S. law)? Minnesota

I filed for fiance visa for my fiance who lives in a foreign country but he was denied a visa as it was discovered to my utter shock that the divorce for my former husband (who also lives in same country) was not genuine. 3 years ago, I thought I had satisfied all the requirements for a divorce (including paying legal fees). Apparently, I was duped.

The petition was returned by the embassy in that country to the USCIS with a recommendation to deny the petition. Someone told me I could actually get a divorce done from the U.S (is this true?). I had thought this was not possible since the marriage was conducted in that foreign country.

Can my fiance visa petition be revisited and the decision to deny my fiance reversed when I get the divorce properly done?

How fast can we get this done, if I file for divorce from the US. I have not been in contact with my ex-husband for years and don't even know how to reach him yet.

Thanks.

 

[evcalyptos]

What is the name of your state (only U.S. law)? Minnesota

I filed for fiance visa for my fiance who lives in a foreign country but he was denied a visa as it was discovered to my utter shock that the divorce for my former husband (who also lives in same country) was not genuine. 3 years ago, I thought I had satisfied all the requirements for a divorce (including paying legal fees). Apparently, I was duped.

The petition was returned by the embassy in that country to the USCIS with a recommendation to deny the petition. Someone told me I could actually get a divorce done from the U.S (is this true?). I had thought this was not possible since the marriage was conducted in that foreign country.

Can my fiance visa petition be revisited and the decision to deny my fiance reversed when I get the divorce properly done?

How fast can we get this done, if I file for divorce from the US. I have not been in contact with my ex-husband for years and don't even know how to reach him yet.

Thanks.

You can initiate a divorce from your residence, ie the state you live in. You can do this even if the other party is outside the US.

You won't be able to re-use the original I-129f.. that one was a fail since you were not legally eligible to file it to start with. However, when you have your final divorce decree from the old marriage, you may re-petition for your future spouse.

 

[redhat19]

My finance mentioned that there was a notice at the embassy stating that anyone who presents a fake documentation would be permanently ineligible to obtain a visa to enter the U.S.
We are assuming that the 'fake' documentation was presented by me and not him, hence he is not permanently barred from entering the U.S. Is this thinking correct?

 

[evcalyptos]

My finance mentioned that there was a notice at the embassy stating that anyone who presents a fake documentation would be permanently ineligible to obtain a visa to enter the U.S.
We are assuming that the 'fake' documentation was presented by me and not him, hence he is not permanently barred from entering the U.S. Is this thinking correct?

Did you falsify this information on purpose?

If you did not, gather together evidence of why you thought you were divorced, and what you have done to fix the situation.

You may want to consult an attorney about how to best present this the next time you file. Try to find one with experience with the country the fake divorce came from and/or the country your new FI is from.