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Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9078
Experience:  since 1983
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I live in Maryland and my newly married and just migrated

Customer Question

I live in Maryland and my newly married and just migrated wife from Nepal who got permanent resident card out of my marriage lived about 3and 1/2 months only with me .
she pretented to visit her cousin,s house in lewiston IDAHO 83501 , to keep her happy
I bought an Airline ticket and send her for a few days to Idaho .After few weeks she called my parents and me too that she will not live with me .

Since her suspicious wedding pictures being married in NEPAL I had found and that was being sent by some named person , I found the phone number on social network and contacted the guy . During phone conversation the guy from Nepal said that my wife was already married to him before my marriage .

I was stunned that time and called the wife asking whether it was true , on phone she said yes do whatever you can do and talk to your Lawyer , she even said Iam not coming back with you .I was waiting to file divorce in Maryland after one year of seperation which would have been in July 2012 . IN 2nd week of Jan 2012 I filed acomplain giving details of case and since she was found being married to some one before me and never divorced with oter guy i complained that she has evaded the immigration rule of USCIS and found she had married me just to get greencard by entering in USA so her permanent resident status should be revocked and deported
,because her civil marriage with me is automatically nulland void .


After few months she filed complaint at District court of Nez perce county Idaho for absolute divorce in april 2012 saying that she has got the residency in IDAHO as per the rules of IDAHO after staying 6 months there. In her court complain she has also said that she will claim for the property in maryland later on .

Since she had claimed absolute divorce on the ground ' irreconcilable differeence since the begining so in my answer to her claim I have answered that her charge is false and fabricated and I do not admit , because even after wedding she was overseas in Nepal for about 15 months , when I came to USA at her and her parent,s several phone call request on goodfaith I sent an application to her so that she will sign and submit to the local Govt office to obtain marriage certificate to apply for her immigration to USA. After 4 months of marriage that certificate was received and I applied in USCIS office IN Baltimore MD .

After approval of permanent resident card for 2 year entered in USA on March 31st 2011 s she stayed with me untill she had got social security card .

I want the clear answer to my following questions :
(1) Does the Idaho law allow any one from any state visiting IDAHO to their relative or staying in hotel or living with friends as a guest and stay 6 weeks to get the status of IDAHO resident and file this kind of major issue as divorce in the court . One day I had called one attorney while he was on vacation tour and asked this question when he answered me that she cannot file for divorce or any major issue like this

without having any fixed property in IDAHO like house ownership in her name .

Please answer me this with the IDAHO rule section and sub section number.
(2) Since I am a full time studentand part time worker having nominal pay it is being difficult to pay high demand deposit the lawers ask . Is there any Govt or court assistance financial programme I can approach to hire good attorney .

(3) It is being really hardship for me to find right Attorney and paying attention on this case because if Icannot show 100% pass in the college I am losing my financial aid and oppurtunity of my study in the college.

If the case canbe transfered to the court in Maryland then I can manage ,so what is the procedure to apply in the court to transfer this divorce case in Maryland .

(4) I want to challenge the Plaintiff at the court mentioning the IDAHO court rule code or section that she has no right to file this major issue in other state than Maryland where she has got permanent resident card on the basis of marriage with me .

Please let me know the Idaho law or rule Clause or section I should mention in my application challenging the above .

(5) Since the Plaintiff,s wedding picture I have found Is correct and true , If I can file a charge of fraud on her at court in MARYLAND .

(6) If the wedding picture with other guy we can proof then the court will allow our annullment request or not . If not what are major proof we have to provide at the court
to get the marriage annulled.

Sincerely
NIraj
Submitted: 4 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 4 years ago.
I'm sorry to hear this.

"In order to file for a divorce in Idaho, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

A divorce must not be granted unless the plaintiff has been a resident of the state for six (6) full weeks next preceding the commencement of the action. The divorce may be filed in the county in which either the husband or the wife reside. If either spouse is not a resident of the state, the divorce must be filed in the county in which the plaintiff resides. (Idaho Code - Title 5 - Chapters: 404)"
From
http://www.divorcesource.com/ds/idaho/idaho-divorce-laws-673.shtml

You can seek to have the marriage annulled in the Idaho case, see
http://legislature.idaho.gov/idstat/Title32/T32CH5SECT32-501.htm

You could file an annulment action in Maryland.

You could file a motion in Idaho to quash service of process for lack of personal jurisdiction to try to get the Idaho Court to move the case to Maryland.

There are a few legal aid lawyers in Idaho listed at
http://lawyers.justia.com/lawyers/idaho

You have several options so please consult an attorney in person or by telephone so someone can advise you on the best course of action, which I specifically am not allowed to do, and do not have enough of the facts to do anyway.

I hope this information is helpful.