Agambila     Associates      

FREQUENTLY ASKED QUESTIONS

 

Divorce

 

Q. We got married in Ghana and now both live in the U. S. Can we get a divorce from Ghana?

 

A. No, the recognized forum for your divorce is the U. S . The only time you can obtain a divorce recognized by the US is if at least, one of you is domiciled in Ghana.

 

 

Q.  I never formally married my wife - our marriage was not registered at the court or registered in the Registrar General’s office. Do I still need a divorce before I can remarry?

 

A.  Yes. You have a common law marriage. These marriages are recognized in the US as valid legal marriages if they are recognized as such in th forum where the marriage took place.

 

 

Q.  I built my house before our marriage. Is my spouse still entitled to it?

 

A.  Your spouse is entitled to  marital property. Marital property as it relates to your house, is half the increment in the value of your property i.e. On the date of your marriage, your house was valued at $100,000.00 but is now valued at $130,000.00. Your spouse is entitled to ½ the increase in value, which is 15,000.00

 

Q.  I built my house with only my money, with no contribution from my wife because she has never worked . Is she entitled to any part of it in a divorce?

 

A.  Yes, your wife is entitled to ½ the house under US law ( most jurisdictions).  All property acquired during the marriage is considered marital property irrespective of who contributed the most money.

 

 

Q.  I have been separated from my wife for over 5 years.  I have been told she recently had a baby . We are not divorced.  Should I concerned? 

 

A.  The law presumes that children born during the marriage - whether living separately or not, are children of that marriage.  Even though you have not seen her for 5years, the law presumes that you are the father of the new child, for child support purposes.  

 

   

Immigration

 

Q.  I have been caring for my brother’s children after his death. Can I apply for them to come to the US?

 

A.  You can't apply for them as your children.  You can however adopt them and then petition for them to enter the US as your adopted children. 

 

Q.  After I petitioned for my children, the US consulate requested DNA which showed that two of them were not my children. What can I do next?

 

A. You, could file those applications again, and do the DNA a second time to be sure. If the second DNA test confirm the first results, then you should consider adopting them, provided they are not older than 16 years old.

 

 

Q.  I recently won the Visa Lottery. Can I apply for adjustment of status in the United States?

 

A.  No, you can only apply for adjustment of status in the United States if your 1-94 has not expired or you are on some current status, such as an F-1 or H visa status.

 

 

Q.  I am married to a US citizen and we have 3 children together. I entered the US without a valid visa.  Can my wife or adult child file an adjustment of status application for me.

 

A.  No, only those who entered the US with inspection - with a valid visa and I-94, can apply for adjustment of status in the US.  If you entered through Mexico or the Canadian border without inspection, you cannot adjust your status in the US.  However, those who entered with some other person’s valid documents may apply for a waiver. 

 

 

Q. I was granted a 2 year conditional green card based on marriage, however, we divorced 1 year later.  Can I still get my permanent green card?

 

A.  Yes, you may request a waiver of the joint filling requirement in your application to remove your conditions of residence.

 

Q. I recently got my green card. How can I change my name?

 

A. You can change your name during the  citizenship application process or through a change of name in civil court. 

 

Miscellaneous

 

Q.  Two years ago, I co-signed for my friend to buy a car.  The automobile dealer recently sent me a bill for $18,000.00 becasue my friend failed to pay for the car.  Am I responsible?

 

A.  Yes, anytime you co-sign for a loan, you agree to be equally liable for the full amount of that debt.  The creditor can either go after you individually or severally to recover the amount owed.  The same rules apply to those who co-sign for apartment leases, real estate or student loans.