CASE DENIED BECAUSE OF LAS VEGAS DIVORCE
by Michael J. Gurfinkel, Esq.

Dear Atty. Gurfinkel:

I was married in the Philippines, but have not seen my spouse in several years.   Recently, I met and fell in love with an American Citizen, and we want to get married as soon as possible. Since I have been separated from my first spouse for so many years, can I marry the American Citizen immediately?  

I also heard that divorces in Las Vegas take only about six weeks, whereas California (where I live) takes about six months. Would it be okay, if I avail of a quick Las Vegas divorce?   What is the best and fastest way for me to be able to marry my American citizen boyfriend?

                                                                                    Very truly yours,

KB

Dear KB:

Under U.S. Immigration law, in order to marry a second spouse, a person must legally terminate their marriage to their first spouse.   A marriage can be terminated by:

• Divorce (which is recognized in the U.S., and can be based on "irreconcilable differences," meaning the couple just does not get along anymore);
  
  
• Annulment , or
  
  
• Death of the first spouse   

Some people mistakenly believe that "separation" from their first spouse for many years allows them to marry a second spouse.   This is not correct.   In order for a person to marry a second spouse, they must legally terminate their first marriage.

Another misconception, especially among California Filipinos, is that Las Vegas [or Nevada] divorce is OK to terminate their marriage.   After all, they can save about 4½ months of time.   (6 weeks vs. 6 months).                                  

However, in order for a person to avail of a Las Vegas divorce, the person must have actually lived in Nevada for at least six weeks. Many Filipinos say, "No problem. I have a friend in Las Vegas, and I will simply use my friend's address, to make it seem that I lived in Nevada."  

But USCIS is now very wise to California Filipinos availing of Las Vegas divorces, and using a friend or a relative's Las Vegas address. USCIS may want to see additional evidence or proof of your living in Las Vegas during that 6 weeks, such as utility bills, (gas, electric, cable, phone), pay stubs, tax returns etc.   If you worked in California, while "living" in Las Vegas, it would seem strange to have such a long commute to work.  

My advice is to do things " right ," versus " right now ."   Don't jump at a 6-week divorce to "save time". Failure to get a proper divorce could have devastating consequences in the long run.   Your marriage to the U.S. citizen (and that citizen's petition) may not be recognized.   Thus your case could be denied .   If you have children who are under 18 years old, and you plan for the citizen to petition them as "stepchildren," you run the risk of your children turning 18 years of age, and the American would not be able to petition them as stepchildren.

Accordingly, you should seek the advice of a reputable attorney, who can analyze your case, and advise you on the best, fastest, and proper way to proceed.   Don't take chances with your status by looking for short cuts or quick fixes, because, in the end, it could result in a denial and lifetime of grief.

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