Legal Question in Immigration Law in California

First of all, I think you must have mis-wrote your question. How can the couple are both illegal immigrants when he is a citizen? This is quite confusing. Also, it's hard to believe that before the marriage, he relied on her, the illegal, for immigration advice, when he should have consulted with attorneys first.

In any case, family law matters have nothing to do with immigration law. If they have been California residents for at least six months, they can get a divorce here. In this state, everything a husband and wife earn or acquire after marriage (with some exceptions) is community property (owned by both). But not properties acquired before marriage. So, if she wants, she could ask for half of their earnings and half the properties acquired after marriage.

Larry L. Doan, Esq.

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

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Hello:

As long as the divorce judgment was finalized and signed by a judge here in the U.S., the divorce is valid. If the divorce was done in another country, then you would need to refer to the laws in that country to verify if the divorce was valid.

If the divorce was finalized and signed by a judge, then any subsequent marriage should be valid, as long as the proper marriage license was obtained and that the person who performed the marriage was licensed to do so (ex. priest, judge, etc.).

If an illegal alien marries a U.S. citizen, their immigration status may be fixed, provided that the illegal alien entered the country illegally and just overstayed. If the illegal alien entered illegally, then even if their U.S. citizen spouse files a petition for them, they will not be able to get their green card without having to leave the U.S., unless they had a previous immigrant petition filed for them on or before April 30, 2001 and was physically present in the U.S. on December 21, 2000. If they have to leave, they may be barred for 3 or 10 years from returning to the U.S.

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Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.