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US Citizen married to foreigner from Asia

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Dakine_2007

Junior Member
What is the name of your state (only U.S. law)? Hawaii

I've heard from friends that when a US citizen married to foreigner from asia(which person came on a fiance visa) to get married in Hawaii. That person has certain rights. Can you explain these certain rights. They got married, and the spouse returned back to asia in three months after they got married. Spouse has no social security card nor a green card and never returned back to Hawaii. There is no will and any legal documents stating claim to any money or estate.

Thanks
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Hawaii

I've heard from friends that when a US citizen married to foreigner from asia(which person came on a fiance visa) to get married in Hawaii. That person has certain rights. Can you explain these certain rights. They got married, and the spouse returned back to asia in three months after they got married. Spouse has no social security card nor a green card and never returned back to Hawaii. There is no will and any legal documents stating claim to any money or estate.

Thanks
Was anything actually filed after the wedding? Did the spouse leave the US for good?

What exactly is the situation?
 

Dakine_2007

Junior Member
Nothing else was filed when they got married, just getting married in Hawaii. Spouse went back to Asia because she needed to take care of her son after three months. How true it is, I don't know. His intention of marry her, was to have her take care of him, but it did not turnout that way. She would rather go out and visit with her friends while living in Hawaii. There was a age difference between them.
 

Proserpina

Senior Member
Nothing else was filed when they got married, just getting married in Hawaii. Spouse went back to Asia because she needed to take care of her son after three months. How true it is, I don't know. His intention of marry her, was to have her take care of him, but it did not turnout that way. She would rather go out and visit with her friends while living in Hawaii. There was a age difference between them.
Then she has effectively abandoned the fiance visa process and subsequent residency application.

She currently has no rights in the US - if she wishes to emigrate via her marriage to a US citizen (it's still not clear whether they are still married, whether they are temporarily separated or whether she abandoned the marriage as well) then the US citizen would have to petition from scratch.
 

Dakine_2007

Junior Member
Apparently, they were still married. He just passed away from Dementia and Parkinson disease. As far as the financial situation, the properties and left over money was changed over to the children sometime ago. Only a trust was setup, which excluded the spouse from the trust.
 

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