Legal Question in Immigration Law in California
Hi, I was in Ethiopia about 5 months ago and married an Ethiopian. I have not heard from her since I came back to the states. I'm a U.S. citizen
Q: Are we considered legally married here in the states? I have not filed any paperwork of any kind here.
Q: Can she now on her own come to the U.S.? I will not petition for her.
Q: Does she have legal rights to anything from me, and should I now file for an annulment/divorce?
Q: Am I free to marry again in the future? I don't want to break the law.
Thank you so much
2 Answers from Attorneys
If you have been married according to the laws of Ethiopia, you are legally married. If you are legally married, you will need a divorce or annulment before you are able to marry again. Your wife cannot petition herself to come to the U.S.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]
Website: www.nangialaw.com
As the law guru from San Francisco correctly answered above, once you married in Ethiopia, you are considered legally married not only in the US but almost everywhere, even if you did not file any paperwork.
US immigration law is not my speciality but I do not believe she can come to the US on her own.
Until you get a divorce she is entitled to everything a wife is entitled to get from her husband.
Especially consider that under Ethiopian law :
1. Children she gives birth to are presumed to be yours. Of course you may dissprove this but you will have to go to court to do it.
2. She is entitled to half of your income since your marriage. You are entitled to half of hers too.
3. The child she gives birth to might be able to claim and get American citizenship and later come. May be she might also come as the mother of her American child if not as your wife.
Until you get a divorce you are not free to marry again in the future. If you did, because as you said the American authorities are ignorant of the fact of your marriage, and later you were found out you would be criminally liable.
Finally, I want to tell you that I would be happy to represent you in the divorce proceedings you might wish to start here in Ethiopia.
Tamrat Assefa,
Tamrat Assefa Liban Law Offices
Phone: (251) 911 - 642169
Email: [email protected]
Tamrat Assefa
Tamrat Assefa Liban Law Offices
Arada Sub-city, Kebelle 11/12
P.O.Box. 1151 code 1250
Addis Ababa