Divorce: Married to illegal immigrant who already has been deported from US

[dgonzalez]

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

A Mexican woman got married to a US citizen. She didn't have a US visa, so they got married at San Ysidro border office.
Their marriage didn't last and they decided to separate.
Husband has filed divorce in San Diego without telling her and during the process the authority found that his ID (birth certificate) was fake and that he was an illegal immigrant.
He was deported to Mexico and the divorce case was abandoned.
Mexican wife is still marred to a guy who doesn't exist.

She wants to take some action but cannot go to court because she has no US visa.
She cannot afford the fee to hire attorney.
What she can do?
Someone can file in her behalf in US?
Will US Consulate help her?

 

[justalayman]

She wants to take some action

just what action does she want to take and why?

 

[Silverplum]

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

A Mexican woman got married to a US citizen. She didn't have a US visa, so they got married at San Ysidro border office.
Their marriage didn't last and they decided to separate.
Husband has filed divorce in San Diego without telling her and during the process the authority found that his ID (birth certificate) was fake and that he was an illegal immigrant.
He was deported to Mexico and the divorce case was abandoned.
Mexican wife is still marred to a guy who doesn't exist.

She wants to take some action but cannot go to court because she has no US visa.
She cannot afford the fee to hire attorney.
What she can do?
Someone can file in her behalf in US?
Will US Consulate help her?

Neither of them has any legal ties to the US. The US is not where she needs to divorce, and not where she needs to seek help.

Tell her to find resources in Mexico.

 

[justalayman]

Neither of them has any legal ties to the US. The US is not where she needs to divorce, and not where she needs to seek help.

Tell her to find resources in Mexico.

the only exception to this that I see is if she wishes to seek to have the marriage annulled. That would have to be addressed in the state of the marriage. I do not know Mexican law but if they are anything like the US, the marriage would be considered valid in their country. The annulment of the marriage may be easier, and done without input by the husband in some cases, through the US state's court than a divorce in Mexico.

 

[dgonzalez]

the only exception to this that I see is if she wishes to seek to have the marriage annulled. That would have to be addressed in the state of the marriage. I do not know Mexican law but if they are anything like the US, the marriage would be considered valid in their country. The annulment of the marriage may be easier, and done without input by the husband in some cases, through the US state's court than a divorce in Mexico.

They didn't go through marriage process in Mexico because he said he lost his passport.
They are married only in US law.
She wants to annul or divorce because she is worried that it may affect when she wants to apply for US visitor visa.

 

[Just Blue]

They didn't go through marriage process in Mexico because he said he lost his passport.
They are married only in US law.
She wants to annul or divorce because she is worried that it may affect when she wants to apply for US visitor visa.

Then she should hire a U.S. Attorney.

 

[Silverplum]

They didn't go through marriage process in Mexico because he said he lost his passport.
They are married only in US law.
She wants to annul or divorce because she is worried that it may affect when she wants to apply for US visitor visa.

If she's married in one country, she's married in all of them. She can file for divorce or whatever Mexico calls an annulment in Mexico.

No one can file on her behalf in the US except a licensed attorney in the US, and that will cost money.

 

[justalayman]

dgonzalez;3082448]
They are married only in US law.

Unless Mexico is very different than most countries, they accept the US marriage as valid in Mexico.

She wants to annul or divorce because she is worried that it may affect when she wants to apply for US visitor visa.

If she wants a divorce, she would do that in Mexico. If she wants an annulment, she will have to hire a lawyer in the state she was married.

 

[Ohiogal]

JAL,

Why do you think an annullment has to take place in the state in which she was married? it would have to take place in the state in which she or he is a resident... oh yeah.. not going to happen. Mexico is where this should all happen.

 

[justalayman]

JAL,

Why do you think an annullment has to take place in the state in which she was married? it would have to take place in the state in which she or he is a resident... oh yeah.. not going to happen. Mexico is where this should all happen.

the annulment based on that states laws will have to be addressed by the state involved, would it not?

maybe I'm using the wrong term. I am speaking to a voiding of the marriage due to some fact that would invalidate the marriage. Each state has their own requirements for such, do they not?

 

[Bali Hai]

They didn't go through marriage process in Mexico because he said he lost his passport.
They are married only in US law.
She wants to annul or divorce because she is worried that it may affect when she wants to apply for US visitor visa.

Why does she need a visa when she is already here? She should get her divorce in Mejico.

 

[LdiJ]

They didn't go through marriage process in Mexico because he said he lost his passport.
They are married only in US law.
She wants to annul or divorce because she is worried that it may affect when she wants to apply for US visitor visa.

I am quite certain that Mexico recognizes marriage that have taken place in the US. I am quite certain that she can get a divorce in Mexico if she wants a divorce.

 

[justalayman]

Why does she need a visa when she is already here? She should get her divorce in Mejico.

she never had a visa. It would appear they were married at the border; physically in the US but without her officially entering the US.

 

[Ohiogal]

the annulment based on that states laws will have to be addressed by the state involved, would it not?

maybe I'm using the wrong term. I am speaking to a voiding of the marriage due to some fact that would invalidate the marriage. Each state has their own requirements for such, do they not?

NO. An annullment can be done by any state in which the parties are a resident -- if they meet the qualifications of an annullment. I don't see how she would qualify for an annulment. She wants a divorce -- and she needs to divorce the actual man (by using his name followed by AKA his alias) whereever she qualifies for a divorce.

 

[justalayman]

NO. An annullment can be done by any state in which the parties are a resident -- if they meet the qualifications of an annullment. I don't see how she would qualify for an annulment. She wants a divorce -- and she needs to divorce the actual man (by using his name followed by AKA his alias) whereever she qualifies for a divorce.

I'm not getting it.



an action can be illegal in one state while it is legal in another. If the initial action was illegal in the home state but in a new state, it is legal, how can the action be upheld as legal if it was illegal since its inception? The contract was never valid yet the new state will enforce it as if it was. That isn't making any sense to me.