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Enforcement of a Brazilian divorce decree in America

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Location: State College  |  Law type: Family law attorneys
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I am from Russia , my husband- from America . We have daughter-  double nationality. We are here with immigration visa E11,E14, E15. Our green card was approved in Brasil , now we are waiting to get it in post office . Recently my husband initiate divorce in Brasil. I support him . So , my question is : 

 

1) after we get official divorce in Brasil - court decision and divorce certificate , how can I control in the future the implementation of this decision in America? For example, if he will stop to pay child support . My husband wants live in USA 🇺🇸 after we got divorce , and me with our daughter- back to Russia .

  1. ) we did not get our green cards . If now we get divorce and Me with my daughter just leave USA 🇺🇸, what will be with our status ?   will we  lose it ?

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Managing Partner and Founder
1 month ago, Family law attorneys, Shrewsbury

Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of State College. If the response is inadequate, please submit a detailed inquiry.

Your situation involves both the enforcement of a foreign divorce decree (from Brazil) and potential impacts on your immigration status in the U.S. after the divorce. Here’s a breakdown of how to address both issues:

1. Enforcing a Brazilian Divorce Decree in the U.S.
Once you obtain the official divorce decree and certificate from Brazil, there are a few steps you can take to ensure the terms of the divorce (such as child support) are enforceable in the U.S.:

  • Recognition of the Foreign Divorce Decree: To have the Brazilian divorce decree recognized in the U.S., you will likely need to domesticate the decree in the state where your husband resides. This is a legal process known as domestication or foreign judgment recognition. It involves filing the foreign judgment with the court in the U.S. state and asking the court to recognize and enforce it.

  • Enforcing Child Support: If your husband stops paying child support after returning to the U.S., you can file a motion in the U.S. court to enforce the child support terms of the Brazilian decree. The Uniform Interstate Family Support Act (UIFSA) is a law that helps enforce child support across state and national borders, and you may be able to use it to ensure support payments continue.

  • Legal Representation: It may be helpful to hire a family law attorney in the state where your husband resides to assist with the process of recognizing the Brazilian divorce decree and enforcing its terms in the U.S. If necessary, they can help ensure that child support orders are followed.

2. Impact on Your Immigration Status After Divorce
Regarding your immigration status in the U.S., the situation can become more complex after a divorce, especially if your green cards have not been physically issued yet:

  • Pending Green Card Status: If your green cards were approved but have not yet been issued, a divorce could potentially affect the immigration process, especially if your immigration status was tied to your husband’s application (e.g., as a dependent spouse under the E11, E14, or E15 visa categories). You should immediately contact an immigration attorney to discuss the best steps to take. The fact that your green card has been approved may work in your favor, but every situation is different.

  • Leaving the U.S. After Divorce: If you and your daughter leave the U.S. after the divorce, it’s essential to keep in mind the status of your green card. If you do not receive your green cards or remain outside the U.S. for an extended period without the proper documentation (like a re-entry permit), you could risk losing your permanent residency status.

Key Actions:

  • Consult an Immigration Attorney: Since divorce could impact your pending green card status, consult an immigration attorney who can help you navigate the situation. They can help you secure your residency status and ensure you don’t lose it if you return to Russia.
  • Monitor Your Divorce Decree in the U.S.: Once the Brazilian divorce decree is finalized, ensure it is recognized in the U.S. through the appropriate legal channels, and be prepared to enforce child support through the U.S. legal system if necessary.

Disclaimer:

This information is for general guidance and does not replace professional legal advice. For personalized assistance with both your divorce and immigration status, consulting with an attorney specializing in both family and immigration law is highly recommended.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Enforcement of a Brazilian divorce decree in America" has been changed 3 weeks 4 days ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of State College & area of law: Family law attorneys.
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A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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