Legal Question in Immigration Law in Kentucky

I got divorce by proxy in Bolivia. The two of us were in US but my mom through a power of attorney ran the divorce and went through. After several years i got married and uscis is tellong me that my marriage is not valid because my divorce is not valid. Is that correct??

Asked on 5/12/13, 9:30 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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This is actually Family Law question. You need to ask a Family Law attorney who practices in the State that has jurisdiction over the marriage whether or not dissolution by proxy is permitted in that State, & find out if the proxy followed proper procedure in filing the dissolution petition, etc.

However, if your divorce is not valid in the State it was filed in (due to a technicality, failure to file the final judgement, etc), then your subsequent marriage would also be invalid, causing the I-130 to be denied.

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Answered on 5/13/13, 10:22 am

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