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petrona Rookie

petrona   0

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:crying: I received divorce paper from my spouse today do i have wait till the divorce and court proceedings is over or can i get a lawyer and just sign the papers and get it over with, and would this have any effect of my status Really i cant take this right now and i deeply hurting so can someone reply :crying:
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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
:crying: I received divorce paper from my spouse today do i have wait till the divorce and court proceedings is over or can i get a lawyer and just sign the papers and get it over with, and would this have any effect of my status Really i cant take this right now and i deeply hurting so can someone reply :crying:

the effect of a divorce on your status depends on what your status is.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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petrona Rookie

petrona   0

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Filed: Other Timeline
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:crying: I received divorce paper from my spouse today do i have wait till the divorce and court proceedings is over or can i get a lawyer and just sign the papers and get it over with, and would this have any effect of my status Really i cant take this right now and i deeply hurting so can someone reply :crying:

10 year gc holder

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
:crying: I received divorce paper from my spouse today do i have wait till the divorce and court proceedings is over or can i get a lawyer and just sign the papers and get it over with, and would this have any effect of my status Really i cant take this right now and i deeply hurting so can someone reply :crying:

10 year gc holder

nada on your status

You can get representation now if you desire you do not need to wait...

Edited by payxibka

YMMV

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desert_fox Proficient

desert_fox   32

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Filed: Country: Spain
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Once you are served, you have typically 30 days to respond to the complaint. If you do not respond, the filing party can take a default judgement unless you have reaqched a separate agreement.

See an attorney when you are served.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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Ngoc-Anh Proficient

Ngoc-Anh   1

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Filed: Citizen (apr) Country: Germany
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sorry to hear about your situation!

06/02/2006 - filed I-129F

12/16/2006 - Enter States thru Atlanta

01/13/2007 - Marriage

01/19/2007 - Filed AOS and EAD to Chicago

02/06/2007 - NOA that AOS has been forwarded to CSC

02/12/2007 - Fingerprinting in St. Louis

03/28/2007 - email notification that card production ordered!!!! (Day 68)

04/20/2007 - GC in the mail.....no more USCIS for 2 years!!!!!

12/29/08 - Filed I-751 to VSC

01/12/09 - NOA in mail

01/24/09 - received ASC notice

02/06/09 - biometrics appointment in Orlando

02/09/09 - touch

06/01/09 - approval letter in mail

12/11/09 - Filed N-400 to NSC

12/14/09 - Package arrived at NSC

12/26/09 - NOA in mail

01/22/10 - Fingerprinting in Orlando

03/08/10 - Interview in Orlando (passed)

03/12/10 - Oath Ceremony

Matthew Quoc-Minh *11/29/08*

7 lbs 6 oz. (3.35 kg) and 20" (51cm)

01/29/09 (2-month-check-up): 11.9 lbs (5.4 kg) and 22" (56cm)

03/30/09 (4-month-check-up): 16.5 lbs (7.5 kg) and 25" (63cm)

05/29/09 (6-month-check-up): 19.2 lbs (8.7 kg) and 26" (66cm)

12/1/09 (12-month-check-up): 22 lbs (10 kg) and 30.3" (77cm)

06/11/10 (18-month-check-up): 27.5 lbs (12.5 kg) and 33.5" (85cm)

12/13/10 (24-month-check-up): 31.7 lbs (14.4 kg) and 35.8" (91cm)

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  • 1 month later...
Chuck and Grace Collaborator

Chuck and Grace   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

petrona,

Sorry. Sorry about your situation and Sorry I didnt respond for so long. I never saw I had a message from you until today. You probably dont remember either because it was back in September.

I hope things are going well for you. Divorce can be a really rough time - for everyone. You, Him (even though he is requesting, it may still be really hard for him) and for the kids.

Kids are resiliant, but it is still something to worry about. It is probably the hardest on you. Everyone's case is different, but having completed my divorce already, if there is any informaiton or questions I could try to answer for you, let me know. Good luck to you.

- - - - - - - - - - - - - - - - - - -

Our timeline:

9/3/08: Submitted I-129

9/5/08: CSC received

9/8/08: NOA1 date

11/12/08: Requested expedite (promised response by 11/17/08)

11/19/08: Received status info by calling USCIS - Additional info sent

12/4/08: Call from CSC & "Touch"

12/4/08 to 12/22/08: Too many calls & faxes to mention, NO RESPONSE!

12/22/08: NOA2 Approval!

12/30/08: NVC forwarded petition to Embassy in Tokyo

12/31/08: Letter from NVC stating they forwarded petition

1/4/09: Received Letter from NVC

1/7/09: Packet Issued from Tokyo Embassy

4/18/09: Tokyo still unable to grant interview, moved to Philippines.

6/22/09: Our daughter was born (more embassy paperwork)

6/30/09: Reqeusted transfer of case to Manila

8/26/09: Visited embassy in Manila AGAIN, personally requested transfer of case (no record in their system)

11/4/09: Case Transferred from Tokyo to Manila - no notice sent

12/5/09: Notification that Manila received the case.

12/30/09: Interview packet received from Manila

1/25/10: Medical check in Manila (took 4 days)

2/1/10: Interview - requested additional docs,

2/2/10: Additional docs submitted, Embassy kept passports - expect visa soon.

4/5/10: Received Visa FINALLY!

4/12/10: Entry to USA

8950.gif

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MihaelaNYS Explorer

MihaelaNYS   10

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Filed: AOS (apr) Country: Romania
 Timeline
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If you dont want anything from him, then you dont contest it (no answer to complaint). If you have things to split (property, 401K ...) get a good lawyer.

Anyway, if he has an attorney, you should get one too (otherwise you will be dealing with his lawyer...).

If you have the 10years GC, no problem immigration wise.

(You will be able to apply for citizenship after 3 years of marriage -if it is the case. If you dont have the 3 years, will be eligible after 5 years or so - that's the only way this divorce "affects" your status here).

If you will contest the divorce, get ready for a long, very expensive battle.

Good luck!

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Chuck and Grace Collaborator

Chuck and Grace   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
If you dont want anything from him, then you dont contest it (no answer to complaint). If you have things to split (property, 401K ...) get a good lawyer.

Anyway, if he has an attorney, you should get one too (otherwise you will be dealing with his lawyer...).

If you have the 10years GC, no problem immigration wise.

(You will be able to apply for citizenship after 3 years of marriage -if it is the case. If you dont have the 3 years, will be eligible after 5 years or so - that's the only way this divorce "affects" your status here).

If you will contest the divorce, get ready for a long, very expensive battle.

You dont necessarily need a lawyer. Probably it depends on the state you live in. You can argue the settlement agreement with his lawyer by yourself. If he is paying for the lawyer, you argueing with his lawyer just costs him more money.

There is some expense just in fiing and all the normal paperwork, but the Settlement Agreement between you and him, which will determine property sharing, Alimony, Child support, etc. is the important part. Some states have standard calculations for child support, but alimony is an arguement. Some states are more favorable or it, some are less. Some states are a kind of "no fault" state so it doesnt matter who did something wrong (assuming someone did), and some dont care. If it is filed you can contest it and easily say to the court you are interested in discussing terms - if it came to that - but you dont necessarily need a lawyer.

Most people will tell you to get one, but it really depends on how much you want to go after. If you and your ex can come to terms without fighting so much, it will save you both a lot of money. When I say both, I mean that whatever money is there to be split wont be there if you spend your time arguing by lawyers. If you think about it, you both need to discuss your views with your lawyers, then they discuss for you - double the time and they get paid for both conversations. The more of that you eliminate the more that is saved to be somehow split between you.

this is an old thread, so I am actually hoping that maybe you were able to work things out.

- - - - - - - - - - - - - - - - - - -

Our timeline:

9/3/08: Submitted I-129

9/5/08: CSC received

9/8/08: NOA1 date

11/12/08: Requested expedite (promised response by 11/17/08)

11/19/08: Received status info by calling USCIS - Additional info sent

12/4/08: Call from CSC & "Touch"

12/4/08 to 12/22/08: Too many calls & faxes to mention, NO RESPONSE!

12/22/08: NOA2 Approval!

12/30/08: NVC forwarded petition to Embassy in Tokyo

12/31/08: Letter from NVC stating they forwarded petition

1/4/09: Received Letter from NVC

1/7/09: Packet Issued from Tokyo Embassy

4/18/09: Tokyo still unable to grant interview, moved to Philippines.

6/22/09: Our daughter was born (more embassy paperwork)

6/30/09: Reqeusted transfer of case to Manila

8/26/09: Visited embassy in Manila AGAIN, personally requested transfer of case (no record in their system)

11/4/09: Case Transferred from Tokyo to Manila - no notice sent

12/5/09: Notification that Manila received the case.

12/30/09: Interview packet received from Manila

1/25/10: Medical check in Manila (took 4 days)

2/1/10: Interview - requested additional docs,

2/2/10: Additional docs submitted, Embassy kept passports - expect visa soon.

4/5/10: Received Visa FINALLY!

4/12/10: Entry to USA

8950.gif

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