Sarah Wilson asked:


When you file for a divorce through local means, you basically turn everything over to the court system. Even if you and your spouse are able to agree on everything and put it into writing, there’s a good chance that the judge will make changes to what you both have agreed upon. Unfortunately, that’s something that they’re able to do. Why let someone else take control of your divorce and the way that things are to be handled afterwards as well? If you both can agree upon an international divorce, you can control your divorce instead of having the courts do it for you.

The countries that offer international divorces believe that if a couple can come to an agreement on the way that they want things to be handled both during and after their divorce, then that’s their decision to make. The courts simply ratify your decision instead of stepping in and telling you what you can and cannot do, or should and should not do. They also don’t believe in making you go through a lengthy separation period before granting you a divorce. You and your spouse are both adults, and if you’re able to agree that a divorce is indeed what you both want, then they’re there to grant it for you. Military couples and international couples are often the victims of extended waiting periods, so this is something they’ll be able to appreciate.

Another difference is the overall cost. You’re not even required to have a lawyer in order to file for an international divorce, though it is strongly recommended. There are plenty of reliable online sources that can point you in the direction of a reputable law firm who specializes in international divorces, so finding a good lawyer isn’t a problem. The overall cost is generally much less than what you would expect to pay if you were filing through a local court. For international couples or military couples that are currently living in different parts of the world, this option can cut down on their costs significantly. Only one person will have to travel, and that person can easily have their court appearance over and done within five to ten minutes.

Finally, one last benefit is that international divorces protect your privacy. The documents aren’t sent out to various banks and financial institutions automatically. You may be required at some point to present a proof of your divorce, but at least you can control who sees it for the most part.

anonymous asked:


Those wishing to bring a Thai fiancee or spouse to the USA sometimes must deal with the IMBRA. IMBRA is an acronym that means the International Marriage Broker Regulation Act. This Act can critically effect a US Citizens right to bring a Thai National to the United States on a K Visa.

IMBRA: what is it, and why was it created?

There are many aspects to IMBRA. In actuality, the legislation’s main goal is monitoring international marriage brokers, but this article’s focus is upon IMBRA’s effect on immigration to the United States. IMBRA requires all U.S. Citizens petitioning for a K1 Fianc?or K3 Spouse visa to submit more information regarding personal history to USCIS and the US State Department than was previously required. Also the IMBRA legislation establishes limitations on the number of petitions for K visas one may file on behalf of a Thai loved one. Also, the Act lays out restrictions on how many K Visa petitions one may file for within a certain period of time.

Apparently lawmakers felt that too many people were abusing the K Visa system; namely, the right of a US Citizen to petition for an unlimited number of K1 Visas.

How many K1 Fianc?Visas can a US Citizen obtain for a Thai Fianc?

As of July 2006, the US government has placed limitations on filing K Visa petitions, including the petition form for the K-1 Fianc?Visa: the I-129(f). The legislation has two restrictions: a restriction on the quantity of petitions filed and a restriction upon how many can be filed within a specified duration. USCIS currently construes Section 832(a) (2) of the IMBRA to mean that some US Citizens are not entitled to file a K Visa petition as a matter of right. Thus, if a US Citizen has ever filed for 2 or more K Visas that were granted approval, then a waiver from The Department of Homeland Security (USCIS) must be obtained before approval will be granted on a subsequent K Visa request. At the same time, if in the past twenty four months a US Citizen filed a K Visa petition which gained approval, then that US Citizen must hold off from filing another K Visa petition until another twenty four month period has transpired. Otherwise, the US Citizen must obtain a waiver from the Department of Homeland Security (USCIS) before the US Citizen can effectively file for another K visa.

Therefore, if a US Citizen has filed for two or more K1 Fianc?Visas in his or her lifetime, then they must obtain a waiver to file for another K-1 Visa for a Thai Fianc? This is also true if the US citizen has filed for a K1 Visa within 24 month prior to the latest filing.

Does the International Marriage Broker Regulation Act’s restrictions affect Immigrant Visas, specifically IR-1 and CR-1 visas, to the United States?

The IMBRA only covers the non-immigrant visas specifically the K Visas. Therefore a person could theoretically file for as many Immigrant visas as he or she likes. However, with the wait time for an Immigrant Visa being approximately 1 year at the time of this writing, the goal of the legislation; namely, prevention of frivolous K Visa petitions seems to have been met. For more about the IMBRA and how it could effect your Thai Fiancee’s K Visa Petition, check out:

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

Thanks for Reading,

Benjamin W. Hart This information is made available to provide general information and a general understanding of the law, not to provide legal advice about specific situations or problems. The reader of this material understands that no attorney-client relationship exists between reader and author nor an express or implied contract between the reader and the author. The information contained herein should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

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