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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118314
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am contacting you on behalf of a friend. He is Jamaican

Customer Question

Hi, I am contacting you on behalf of a friend. He is Jamaican with a US permanent resident visa, who married another Jamaican 5 years ago. He petitioned her to emigrate to the US. Her paperwork became finalized and she arrive in 10/15. Two weeks after arriving in US. She requested a divorce. He now feels duped and would like to divorce due to false pretenses.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: He lives in New Jersey, USA.
JA: Have you talked to a lawyer yet?
Customer: I recommended him to see a lawyer but he has not. He would prefer to divorce overseas so that she does not have access to his pension and the US Court would not award her alimony.
JA: Anything else you think the lawyer should know?
Customer: Is it better to seek a lawyer in NJ or travel abroad to the Caribbean to terminate the marriage?
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 Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He can notify USCIS first that the marriage appears to have been a sham and she defrauded him for the purpose of getting an entry visa. That would clear him and would cause USCIS to seek to deport her. Then he would have to leave the US and go back to Jamaica and file for divorce if he wants.
However, for a 5 year marriage he would not end up paying any alimony and because they were married for only 5 years, if he proves fraud in the US she still would not get his pension nor support. If he is living in the US, he should file in the US, but he should also immediately notify USCIS that she asked for divorce after getting to the US and he now believes that this was a fraud on her part to get a visa and they can remove her from the country.