Friday, July 30, 2010

Is a pre-immigration marriage between two resident aliens who live in the US considered valid in California?

Ok, here's the situation.


-A husband and wife were married in Venezuela at the ages of 20 and 21 before they came to the US, specifically California.


-Both are resident aliens legally residing in Northern California with all the proper documentation.


-After 25 years of marriage, they have begun to seriously consider divorce.


-Both have substantial assets, including a home. They have 3 children together, all born in this country. They have all the accouterments of normal US citizens minus the citizenship.





Do California marriage laws still apply to them if they wanted to legally seperate considering they aren't citizens and were married before they even set foot in this country?Is a pre-immigration marriage between two resident aliens who live in the US considered valid in California?
The marriage is valid in the US. A separation and divorce would be legal in the US. I believe it's also legal in Venezuala, but you will probably have to have your attorney file the appropriate paperwork there too.





Tell them thank you for obeying the immigration laws of our country. They are definitely the kind of people we want to have here!Is a pre-immigration marriage between two resident aliens who live in the US considered valid in California?
Legally resendtial citizens are entitled to the Laws of the land they live in.
The laws of the court in which they hold the divorce proceedings would apply. Since they both live in Calfiornia, they would have to use a California court, and California law would apply. Where you get married is irrelevant.
American laws apply because they reside in California.

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