Can my boyfriend get a divorce and file his immigration papers in the US? 6 Answers as of June 17, 2011

My boyfriend is from Guatemala we have been together for over a year he is married. Him and his wife both want a divorce. Can he obtain a divorce living here and how do we go about getting his legal papers?

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Once he divorces then you marry him and if you are a U.S. citizen can then petition his I-130 and I-485 concurrently. This is providing he was admitted and inspected into the U.S.
Answer Applies to: Florida
Replied: 6/17/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
If your boyfriend is in the United States, he can file for divorce where he is a resident. Usually states require six months of residency in the state. If there are children involved, the state where the child resides will be controlling. With regard to filing for his immigration papers, many factors come into play such as how did he enter? If he entered without inspection, when did he enter? These are questions that I would need to know in order to provide you with adequate information. I recommend speaking with an immigration attorney before you start the process so that you know what your options are.
Answer Applies to: Georgia
Replied: 6/17/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Assuming he came to the US with a visa and that his wife is right here in the US, then all he has to do is file for a divorce and upon getting it, marry you and begin the process of adjusting status in the US. If his wife is not here, then he can still file for divorce and serve the pertinent paperwork to his wife in Guatemala. He will need to use the process established for international service of process, which he can do himself but to make it easier I will recommend that he hire an international process server company and give them her correct address in Guatemala. Good luck!
Answer Applies to: California
Replied: 6/17/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Yes, he can obtain a divorce in the state where he currently resides. If he meets all legal requirements you can then sponsor him for a green card. There are two ways to do this, one being much preferable to the other. You need to make an appointment with a competent immigration attorney to evaluate his fact pattern and to determine his options.
Answer Applies to: California
Replied: 6/17/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, he can get a divorce if he meets the residency requirements of the state where you currently reside, but the issue of immigration papers could be more complicated, depending upon whether he's here legally or not.
Answer Applies to: Virginia
Replied: 6/16/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Yes, your boyfriend can get divorced, but if the wife is in Guatemala, it may be best to obtain the divorce there. He can hire an attorney in Guatemala to facilitate the process. It can also be done here, but it depends on the state where he resides and so he should consult with a family law attorney where he lives. As for filing immigration papers once all these other things have been done, it depends on when and how he entered the U.S. Applying for permanent residence here in the U.S. generally requires a legal entry. There is an exception under an older law called 245i but he would need a labor certification or visa petition filed on his behalf prior to April 30, 2001 and physical presence in the U.S. in December of 2000. Otherwise, you can file a petition for him but he will need to travel out to his own country to get the immigrant visa and may need a waiver for his unlawful presence. These are complicated matters that require the assistance of an experienced immigration attorney.
    Answer Applies to: Virginia
    Replied: 6/16/2011
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