Are Guam divorces upheld by California courts for the purpose of immigration and filing a i-751 form?

Asked in Miami, FL - almost 3 years

Are Guam divorces upheld by California courts for the purpose of immigration and filing a i-751 form? Neither party is a Guam resident. Are there issues that could arise with INS because of the divorce being done in Guam? The reason for filing in Guam would be a reduction in the time frame for the decree to arrive and hence allowing the i-751 waiver to be filed within the allowable timeframe.

Attorney Answers (2)

Thuong-Tri Nguyen

Renton Family Law Attorney

0

Answered almost 3 years ago. CA courts are state courts and should not be involved in deciding federal immigration issues.

If general, all US states accept the validity of divorce decrees legally obtained. That is, if the requirements of Guam are met, the decree issued by a court in Guam should be accepted in all US states.

USCIS may question whether a Guam decree is legally obtained if USCIS has reasons to think that it was not. Petitioner of an immigration proceeding generally bear the burden of proving that the petiitioner meets the statutory requirements to the benefit.

You should be prepared to prove that the Guam decree is obtained properly.

You may want to review your specific facts with your attorney to see what legal options you have. There may not be a need to obtain a decree from Guam.

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Ekaette Patty-Anne Eddings

Atlanta Immigration Attorney

0

Answered almost 3 years ago. When dealing with US immigration service, it is wise to be candid in all your dealings including obtaining documents to prove and support your case.

It is more time consuming to undo an error than to get it right the first time.
It is advisable to contact an immigration lawyer to discuss your case and find a way forward that will not run you afoul of the system.
Goodluck.

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