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International Divorce

#1 amazngrace

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Posted 07 July 2012 - 09:16 PM

I am a USC, I married a Cameroonian in Germany who is there studying with a student visa. We were married Febuary 2011. I have not seen him since and he has never been to the U.S. ever. even prior to our marriage. Through our visa process we started having promblems and have since decided to go our own ways. We have canceled his visa, as he will no longer be comming here to join me in the states. I am searching for information on wether a divorce or an annulment is needed. what do I do here and what does he do there? Also I was told once I was married and returned to the U.S. i was supposed to report my marriage to someone? i never did that? does it matter? Also, I never changed my name, if that matters? Please any help or direction would be greatly appreciated!

Blessings, Heidi
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#2 canadian_wife

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Posted 07 July 2012 - 09:22 PM

It doesn't matter, you are married in Germany you are married in the US. You do not need to report it to anyone and chaning your name, or lack there of, doesn't matter either. If you wish to disolve the marriage you need to legally do so

Good luck
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#3 amazngrace

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Posted 07 July 2012 - 09:32 PM

Ok understood thank you for the help. i do understnad we have to legally end our marriage my question is can we do an annulment or do we have to divorce and what is the process i and he need to be doing?

It doesn't matter, you are married in Germany you are married in the US. You do not need to report it to anyone and chaning your name, or lack there of, doesn't matter either. If you wish to disolve the marriage you need to legally do so

Good luck


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#4 canadian_wife

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Posted 07 July 2012 - 09:35 PM

That depends on your case. We don't know. Have you consulted a lawyer, you probably should

Good luck

PS - a divorce lawyer, not an immigration one :)
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USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

#5 Vanessa&Tony

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Posted 07 July 2012 - 09:39 PM

Either you or he files for divorce. it's that simple. Depending on your state there may be a waiting period. But basically you follow the laws of wherever the divorce is filed, and you can file it in the state you're living in now, or he can where he is.

Basically if you're in agreement it's as simple as you filing, sending the papers to him to sign. Waiting the appropriate time period and bam, divorced.
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#6 amazngrace

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Posted 07 July 2012 - 10:10 PM

When you divorce dont both parties have to be present in court? He cant come here....?

Either you or he files for divorce. it's that simple. Depending on your state there may be a waiting period. But basically you follow the laws of wherever the divorce is filed, and you can file it in the state you're living in now, or he can where he is.

Basically if you're in agreement it's as simple as you filing, sending the papers to him to sign. Waiting the appropriate time period and bam, divorced.


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#7 aaron2020

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Posted 07 July 2012 - 10:32 PM

When you divorce dont both parties have to be present in court? He cant come here....?


He doesn't have to be here. He can appear in court by phone if needed.

With an amicable divorce, it's often just paperwork without the need to physically go to court. The court would rather save its courtroom resources for warring parties. The back office of the court handles the amicable parties. The judge is not going to waste her time when all the parties agree on everything.

Edited by aaron2020, 07 July 2012 - 10:34 PM.

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#8 Vanessa&Tony

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Posted 07 July 2012 - 11:47 PM

When you divorce dont both parties have to be present in court? He cant come here....?

No he doesn't necessarily. Depends on your state laws. most of the time, like said above, if it's a no contest divorce it's simply signatures that are required, not physical presence.
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Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)
Aussie Chat page - http://www.visajourn...ussie-oi-oi-oi/ (leaving this for reference purposes)
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

#9 Ontarkie

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Posted 08 July 2012 - 03:08 PM

Moved from US Citizenship General Discussion to Effects of Major Family Changes on Immigration Benefits since this is not a citizenship question.
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#10 J&N*

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Posted 08 July 2012 - 03:34 PM

It's a state by state thing so I'd google it or hire a divorce lawyer to help you with it... he just needs to sign the papers.
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#11 memlaura

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Posted 08 July 2012 - 05:33 PM

When you divorce dont both parties have to be present in court? He cant come here....?



If you divorce here he could just sign a waiver of right to appear or something like that my ex who was a USC too didnt show for our divorce which made it that much easier he just signed the form and had it notorize and submitted it to my attorney so call a divorce attorney they can help you. Sorry it didnt work out long distance is so hard..
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#12 randye80

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Posted 09 July 2012 - 05:18 PM

OP says she has not been in contact with the husband since shortly after the marriage in early 2011.

Any advice for her situation where she probably won't be able to get his signature on anything?
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#13 aaron2020

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Posted 09 July 2012 - 09:40 PM

OP says she has not been in contact with the husband since shortly after the marriage in early 2011.

Any advice for her situation where she probably won't be able to get his signature on anything?


Read carefully. She said she had not seen him since 2011. She didn't say she hasn't been in contact with him.
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