Wrong marriage!

[Igor&Veronika 1]

Hello everybody. I hope this site can help me to fix my problem with a divorce.

I am originally from Russia. I came to the USA in July 2009 to visit my twin-sister who lived in New York with her husband. I met a wonderful guy there and after 1 month of dating we got married. Everything was wrong from the beginning. He didn't want to file a petition to adjust my status or do anything so i could live in the USA legally. And after one month I left him and returned back to Russia. Now I am trying to get a divorce but he refuses.

Is there any way to get a divorce without his will?

Someone told me that our marriage is not legal in Russia and I shouldn't be worried about that. But I believe he has a right to pretend to my property. Is that right?

Thank you for your help in advance.

[Penguin_ie 5,994]

Your profile says you came in on a K1 fiancee visa and got married in 2008?

Marriages are normally recognised in other countries, thus as you say, you'd need a divorce. Best thing would be to check out the laws regarding divorce in your country first, you may be able to divorce him there. If not, contact a divorce lawyer in New York for advice (most offer a free first consultation, especially over the phone/ email); you may be able to divorce him in NY, but I think you'd need a representative- ie lawyer- as at least one party is supposed to be present at the divorce proceeding.

[VanessaTony 3,567]

Once you're married, you're married everywhere so you will need a divorce.

You can either file in your country, or file in the US. If you file then you have right of location. So filing in Germany means he needs to do it in Germany if he wants to fight it. If you want to visit your sister (if you can.. hopefully you didn't overstay a visa) and file for divorce from her residence.

I don't really understand why he doesn't want a divorce, but doesn't want you to stay in the US. It doesn't really make sense. Maybe there's some sort of benefit he's getting that you don't know about.. anyway file for divorce. If he doesn't agree with the divorce you can still file for divorce. He can of course fight it but he can't stop it... just slow it down.

[JimVaPhuong 4,863]

I agree with Penguin_ie. Something is very fishy here. Timeline says the OP received a K1 visa in June of 2008, entered the US and married the petitioner in July 2008, applied for AOS in August 2008, and received a conditional green card in April of 2009. Now she says she came to the US three months later, in July of 2009, to visit her sister, met a guy and married him one month later, he refused to adjust her status so she bailed on him after one month, and now she's looking to divorce him.

When did she divorce the first guy? What happened to first conditional green card? What the heck is going on here?

[~happyndinlove~ 540]

I agree with Penguin_ie. Something is very fishy here. Timeline says the OP received a K1 visa in June of 2008, entered the US and married the petitioner in July 2008, applied for AOS in August 2008, and received a conditional green card in April of 2009. Now she says she came to the US three months later, in July of 2009, to visit her sister, met a guy and married him one month later, he refused to adjust her status so she bailed on him after one month, and now she's looking to divorce him.

When did she divorce the first guy? What happened to first conditional green card? What the heck is going on here?

[~Johnny~ 27]

I agree with Penguin_ie. Something is very fishy here. Timeline says the OP received a K1 visa in June of 2008, entered the US and married the petitioner in July 2008, applied for AOS in August 2008, and received a conditional green card in April of 2009. Now she says she came to the US three months later, in July of 2009, to visit her sister, met a guy and married him one month later, he refused to adjust her status so she bailed on him after one month, and now she's looking to divorce him.

When did she divorce the first guy? What happened to first conditional green card? What the heck is going on here?

You guys are top notch sleuths

[Darnell 8,478]

is it time to thread-hijaak yet? I've a nice recipe for Pie I'd Like To Share.

[Laura & Kyle 16]

Maybe this is the sister's account and she's just borrowing it to ask the question...

[Darnell 8,478]

you can always check with www.yelp.com to find a divorce attorney IN THE CITY where yer spouse lives, in the USA -

then engage the attorney (pay monies), follow his advice, and get divorced.

[Igor&Veronika 1]

Hello everybody,

Guys, thanks a lot for your advice. The information you gave me is very helpful.

I will start the process immediately.

P.S. this is really not my account, I just borrowed it from my sister and her husband to get these information.

Thanks again.

[Myopia 93]

Hello everybody,

Guys, thanks a lot for your advice. The information you gave me is very helpful.

I will start the process immediately.

P.S. this is really not my account, I just borrowed it from my sister and her husband to get these information.

Thanks again.

[NigeriaorBust 4,087]

hmm maybe someone who uses password for their password ??

[JimVaPhuong 4,863]

P.S. this is really not my account, I just borrowed it from my sister and her husband to get these information.

Thanks again.

Please do not do this again, and for anyone else considering this - don't. One of the purposes of having profile and timeline information is so that people don't have to provide the same basic information, or have other people ask for that information, every time they post a question. People formulate their answers and their advice based on what they THINK the circumstances are from reading the OP's profile and timeline. When you post from someone else's account then the answers or advice you're given may very well be WRONG.

[desert_fox 32]

you can always check with www.yelp.com to find a divorce attorney IN THE CITY where yer spouse lives, in the USA -

then engage the attorney (pay monies), follow his advice, and get divorced.

She cannot file for divorce in the US unless she is a resident of the jurisdiction of where she is seeking the divorce.

Her only choice is to file where she lives.

[JimVaPhuong 4,863]

She cannot file for divorce in the US unless she is a resident of the jurisdiction of where she is seeking the divorce.

Her only choice is to file where she lives.

The rules vary from one state to another. Many states allow you to file if either party is a resident. Some states will even allow you to file if neither party is a resident, but the cause for the divorce occurred while the parties were in the state. She needs to find out what the relevant state laws are.