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Maverick, Lawyer
Category: Immigration Law
Satisfied Customers: 5749
Experience:  20 years professional experience.
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I'm a US citizen who married in the Philippines. She does

Customer Question

I'm a US citizen who married in the Philippines. She does not have a visa and resides in the Philippines. I had originally plan to bring her to the US before finding out she only wanted to extort money. In any case I cancelled the visa process and need to Divorce her here in Missouri but I only have the Philippine marriage document. We also have a son together who a fear for. Can I get custody and how can I divorce her here with no record of US marriage?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I did but cancelled it in Writing.
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you think the lawyer should know?
Customer: I pay her 900 a month for my son. She threatens I wont see or talk with him (via Skype) unless I send more money and that she will tell him her new boyfriend is his farther.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 3 months ago.

ANSWER: You can file for divorce in Missouri if you have been a resident of that state for at least ninety days immediately before filing the divorce petition. It does not matter that she is still overseas or that there is no record of a US marriage. You file the petition in the county where you reside. See Missouri Statutes - Title 30 - Chapter 452 - Sections: 300 and 305. With respect to custody, however, a Philippines' court will have to decide that since your son resides with the mother there. The Missouri court will not have any jurisdiction over your son if he is overseas.

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