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Very tricky situation with marriage-divorce to a U.S citizen

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  • Very tricky situation with marriage-divorce to a U.S citizen

    I'm a U.S citizen (Born overseas with a different nationality as well), I married my wife overseas and to make the immigration process quicker we also married here in the US. Her and I didn't get along very well and we decided to go our separate ways after 16 months of marriage. She had received her temporary green card through marriage of course, and after a few weeks of divorcing we decided to try and work things out, important to mention that we did not get divorced overseas, but she gained her conditional residence through our marriage here in the US so I doubt that our marriage overseas plays any part.
    Since a few weeks after the divorce we've been living together, have bank accounts together, health insurance, car insurance, we have utility bills together and more importantly we filed taxes JOINTLY... with that being said we did not change anything after the divorce, whatever was before the divorce stayed also after.
    We now live happily, even though we are divorced here in the US.
    I'm about to apply form I-751 for her, how would you suggest filing that form? Jointly even though we are divorced? (We do plan to get remarried very soon).. or should she file it as divorced? What would you do if you were me? After all I want to do the right thing only.
    Also, her green card expires in two weeks so I'm just about to send the application, how do I go about extending her allowance to travel out of the U.S?
    Thanks in advance.

  • #2
    There is no such thing as "married overseas" and "married here". If you are married anywhere, you are married everywhere. A marriage (or divorce) conducted in any country in the world is generally recognized by any other country.

    Since you were already married, your "marriage" in the US wasn't valid, because you cannot marry if you are already married. You only actually married once, the first time, abroad, and that is the true date of marriage. So you probably provided the wrong date of marriage on the forms you filled out.

    Then, when you divorced, you are divorced (everywhere). There is no such thing as "divorced here but not there". (Though perhaps if you used the wrong marriage information (from the wrong "marriage") as part of the divorce, I don't know if that affects the validity of the divorce. You got into a huge mess of wrong information provided on all sorts of forms caused by you pretending you can "marry" multiple times.)

    After your divorce is final, you cannot file as Married Filing Jointly for that year's taxes, so it sounds like you filed taxes wrong and have to go back and amend it. Since she is divorced, she needs to file Removal of Conditions by herself on the basis of divorce.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Looks messy. Just remarry and avoid the drama, it could get youll in legal soup.

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