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  1. #1
    Join Date
    Mar 2017
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    6

    Default Divorce for an International Couple When One Spouse Lives Abroad

    My question involves a marriage in the state of: Virginia

    I am posting this question on behalf of one of my relatives.

    He and his wife won a US Government Diversity Visa lottery a couple of years ago. She brought their child to the US, without his husband knowing, after she stole her husband's passport (with US visa on it) to hinder him from coming to the US. She is now a US permanent resident. Now that the husband is living in the home country and the wife and child are in the US (she won't go back since she might be arrested upon arriving her home country), she wants a divorce. The husband's question is that if he can come to the US in future and if they end up at a divorce court, is the court going to order dividing his property that he has had in his home country (he does not have anything in the US)? Also, can this case be potentially looked at as an abduction of the child by the mom, in a US court?

    Your response is appreciated.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Divorce for an International Couple When One Spouse Lives Abroad

    Immediately after realizing that he could not find his passport he should have obtained a replacement, and he should have reported to the U.S. embassy or consulate in his nation that his visa had been lost.

    If he can enter the U.S. on a lawful visa in the future, then he can enter in the future. As we know nothing about him other than that, at some unknown point in the past, he was eligible to immigrate under the diversity visa lottery, all we can do is suggest that he consult an immigration lawyer about his options.

    You have not indicated that any custody order exists, or that any custody order has been violated so, no, if no order exists that would not be any form of "kidnapping". As the child is apparently a U.S. permanent resident, domiciled in Virginia for some number of years, if no custody order exists he should anticipate that the Virginia court will issue a custody order.

    The Virginia court would normally only have jurisdiction over property in Virginia, unless the husband consents to its deciding issues of property division for property located in other countries. He should discuss his divorce situation and options with a family lawyer in Virginia.

  3. #3
    Join Date
    Mar 2017
    Posts
    6

    Default Re: Divorce for an International Couple When One Spouse Lives Abroad

    Thank you Mr. Knowitall

    The couple are from Iran, where there is no US embassy and consulate, and of course no official financial/legal relationship between two countries, but I agree that he needs to report it the US consulate that he got his visa from. There is no custody order, as this happened all of the sudden about 5 months ago.

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