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How can an illegal alien residing in the U.S. divorce his wife who lives in Nigeria?

Business 4 views 3 answers
My boyfriend is from Nigeria and I'm currently pregnant with our child, and I found out he is still legally married in Nigeria. He is here on a tourist visa and required to leave the country in 3 months or risk being banned. I've comteplated moving to Nigeria, so he could get a divorce and we marry there and file for a green card, so he can stay in the U.S. Is it possible for him to file for a divorce in the U.S. after his visa expires?

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Once BF has resided in LV for at least 3 months, whether "tourist" or not and whether "visa (I-94 expired or not", he has the right to use the local court and file for divorce, even if wife is overseas. He will need to prove "service of process" and if wife will not acknowledge "service" (of the divorce proceedings having been initiated against her) or is otherwise impossible to reach, his attorney will be able to ask the judge for "service by publication" (in one of the "commercial" publications listed with the court that in reality no one reads). It's as simple as that. Hire a good family law attorney and at the same time immigration lawyer (does not need to be local) and sponsor him for a "green card" once marry.
0 upvotes
Ekaette Eddings ·
Your boyfriend can obtain a divorce in Nigeria, if he want . Once you are married, you can file for him to stay on, if that is his wish. However it seems he has only been here for 3 months, so filing a petition so soon after arrival might raise the question of intent at the time of visa applicaiton. Seek legal guidance. Goodluck. Ekaette Lawyers Denver.
0 upvotes
David Vyborny ·
That will depend on state law, not immigration law. You should talk with a local divorce attorney who can evaluate his case and determine if he is eligible to file for divorce in local courts where he is staying. Each state has different rules regarding "residency" for the purposes of divorce (not residency in the immigration sense, but in state-law sense). Once you have determined that, consult with an immigration attorney to determine if he can adjust status in the U.S. so he wouldn't have to go back to Nigeria. Good luck.
0 upvotes

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