Can a person from a foreign country come to the USA to get a diviorce...

[Jill C.]

Here is the situation. I am an american citizen. My fiancee is from Ireland. We love each other very much and would get married asap, but here is the problem, he is still married to his first wife..they are legally separated..but in Ireland you have to be legally separated for , i think, 5 years to even FILE for a divorce, then heaven only knows how long it would take for the divorce to be final..He still lives in Ireland and has been trying to get his green card with no luck so far. (the green card is only so he can come over here and be with me.)
Could he get a divorce over here and then marry me, even though he was married in Ireland? or does he have to get divorced legally in Ireland. Over here we can get divorces very quickly , but in Irlend it takes 5 years of legal separation before your even allowed to file, so even though he isnt living here, can he get a divorce here?
It hurts so badly being away from him, i dont see why I should have to suffer because of irelands law..im not Irish, and we'd be living here..any thought would be greatly appreciated..thanks

 

[Ambr]

first off, here are some sites for divorce and legal rights in Ireland.

http://indigo.ie/~kwood/

http://indigo.ie/~kwood/FAQs.htm

this is the paragraph that you were asking about.

<b>Is my foreign divorce recognised in Ireland?

If you obtained a divorce while domiciled outside the Republic of Ireland, the decree will be recognised in Ireland. If a person goes to a foreign country merely to obtain a divorce (such as the "quickie divorces" available in some American states), that divorce would not be recognised in Ireland. For further information, see the 1986 Domicile and Recognition of Foreign Divorces Act. Since March 2001, European Council Regulation 1347/2000 has governed the recognition and enforcement of judgments in matrimonial matters throughout the European Union. </b>

 

[LegalBeagle]

Here is the situation. I am an american citizen. My fiancee is from Ireland. We love each other very much and would get married asap, but here is the problem, he is still married to his first wife..they are legally separated..but in Ireland you have to be legally separated for , i think, 5 years to even FILE for a divorce, then heaven only knows how long it would take for the divorce to be final..He still lives in Ireland and has been trying to get his green card with no luck so far. (the green card is only so he can come over here and be with me.)
Could he get a divorce over here and then marry me, even though he was married in Ireland? or does he have to get divorced legally in Ireland. Over here we can get divorces very quickly , but in Irlend it takes 5 years of legal separation before your even allowed to file, so even though he isnt living here, can he get a divorce here?
It hurts so badly being away from him, i dont see why I should have to suffer because of irelands law..im not Irish, and we'd be living here..any thought would be greatly appreciated..thanks

I think I replied to your boyfriend on the immigration board.

He could not file for divorce in the US since he would not be able to establish residency before his visa ran out. If he over stays his visa then you can kiss goodbye to any chance of being together.