Is my brother's wife for real- Does she want to Divorce or get her US papers?

Question

My brother's and his wife separated and she moved to New Jersey, he lives in California. He lost contact with her, and one day out of the blue she sends him an email and asks for his birth certificate so they can finalize the divorce.

My question is: Is she pulling his legs? She told him her lawyer was in San Francisco and she is on a quick trip to San Francisco to drop off divorce paperwork, but her residence is New Jersey.

Here is side information: My brother fell in love with her, and they got married, she is French and did not have papers, but after they got married, she skipped town to move to the East Coast with the marriage certificate. She gave him her number and it's a New York number when he checked it, and her myspace friends are all from there. Is it not true that she must file for a divorce in her county (somewhere in New Jersey) or my brothers county which is San Bernardino, CA? San Francisco, CA is an 8 hour drive north from where he lives, he says it makes no sense for her lawyer to be in San Francisco, there is a French embassy there though, what do you guys think?

Answer 1

there's no reason for him to send her his birth certificates. things like that will be handled by the lawyers. and she may or may not be trying to be a US citizen. you said he loved her, but maybe she didn't love him

Answer 2

California requires that one or both divorcing spouses have lived in California for the previous six months. Other states require residence within the state for as little as six weeks to as long as one year before filing for divorce.

Before filing for divorce, you will most likely need to comply with not only your state's residency requirements, but also local county or district residency requirements. In California for example, in order to file for divorce in the state you and/or your spouse must have lived in the state for six months AND in one of the state's counties for the previous three months. If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.

*Basically she could of filed where she lives if she's been there long enough to meet the state's requirements, if not then yea she had to file here in Cali. Either way, it saved your bro money to not have to travel*

Oh yeah, he doesn't need to give her squat, let the lawyers and judge handle all that, don't let him give her anything unless he is instructed to do so by them not her

Answer 3

Tell your brother not to give her the papers unless he sees her...and he has to come with her, as well. If she won't let him come...he shouldn't give her the papers.

Because she might be telling the truth...but it sounds suspicious to me.

Answer 4

You don't need your spouse's birth certificate to get a divorce. However, you do need one to apply for the permanent residenship after your 2-year green card is over. She doesn't want the divorce at this time, if she is in this country less than 3 years. Because if she gets one, she will have problems obtaining the permanent resident status.  

Answer 5

You do not need a birth certificate to get a divorce, if he sends it to her he is a madman.  He should have filed for divorce.  Here i have a good Lawyer for him he handled mine and his price is fair and he is in San Bernadino near CIty Hall...Frank Prainto he can google him online to.