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Divorce

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Well I did not know where to go to ask this question. The time has come for divorce. I really don't want to talk about all that happened. I am here just to ask a few questions on how to proceed with this matter from a legal point of view.

My wife lives in Canada, I live in the US. We got married in Ontario last July. I want to know where I should file for divorce. How does it work when the husband and wife reside in different countries? If I file in Canada, will I have to travel there for court proceedings? In the US I reside in NJ. She cannot come here if any court proceedings are required as she is not a Canadian citizen, just a PR.

In terms of the immigration process, I am holding off on paying the IV fee. I know that there is a 1 year period within which you must respond. I want to wait till the divorce is complete to withdraw the application.

I probably won't be online a lot but I will come back to read your responses in a day or two.


USCIS

07/24/2011 Got married in Toronto

09/12/2011 Filed I-130

09/13/2011 NOA1

09/16/2011 Touched

03/23/2012 NOA2 (192 days from NOA1 date)

NVC

05/08/12: NVC Case Number, IIN, BID Received

05/08/12: Filled DS261 Online

05/08/12: Sent Optin Email for Electronic Processing

05/08/12: AOS Fee Paid

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Well I did not know where to go to ask this question. The time has come for divorce. I really don't want to talk about all that happened. I am here just to ask a few questions on how to proceed with this matter from a legal point of view.

My wife lives in Canada, I live in the US. We got married in Ontario last July. I want to know where I should file for divorce. How does it work when the husband and wife reside in different countries? If I file in Canada, will I have to travel there for court proceedings? In the US I reside in NJ. She cannot come here if any court proceedings are required as she is not a Canadian citizen, just a PR.

In terms of the immigration process, I am holding off on paying the IV fee. I know that there is a 1 year period within which you must respond. I want to wait till the divorce is complete to withdraw the application.

I probably won't be online a lot but I will come back to read your responses in a day or two.

On the bright side it has happened before she got to the USA!! I know when I got divorced many moons ago(in British Columbia canada)---never saw a judge or court room. Ours was very amicable, we agreed on everything. My lawyer drew it all up--she got her own lawyer just to make sure it was all on the up and up! Maybe a much different story if one party is hostile. All the best.

Edited by Flames9_RN

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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if you are the one filing for divorce, you'll need to file in NJ, residency requirement is one year prior.

the fact that she can't travel to the US might cause delays in the proceedings - depending on the type of divorce, contesting, etc. i obtained a divorce from my ex (in VA) without anything other than his signature. and that was with a child involved. my divorce was a 'no contest' divorce, but there were other plaintiffs there in the courtroom that day who couldn't locate their ex's. must have been a matter of publishing notice in the paper...sure NJ has similar procedures in place.

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Filed: Timeline

Well I did not know where to go to ask this question. The time has come for divorce. I really don't want to talk about all that happened. I am here just to ask a few questions on how to proceed with this matter from a legal point of view.

My wife lives in Canada, I live in the US. We got married in Ontario last July. I want to know where I should file for divorce. How does it work when the husband and wife reside in different countries? If I file in Canada, will I have to travel there for court proceedings? In the US I reside in NJ. She cannot come here if any court proceedings are required as she is not a Canadian citizen, just a PR.

In terms of the immigration process, I am holding off on paying the IV fee. I know that there is a 1 year period within which you must respond. I want to wait till the divorce is complete to withdraw the application.

I probably won't be online a lot but I will come back to read your responses in a day or two.

You'll have to ask someone who is knowledgeable about NJ divorce law to see if you can get divorced there. You probably have to have lived there for a year prior to initiating the divorce. I don't think her personal appearance is required in NJ, but it could make things more complicated if she cannot come there especially if it is a contested case.

I am guessing that the Ontario courts would have jurisdiction if you file there, since that is where you were married and that is where your spouse lives, but you'd have to ask a Canadian lawyer. Again, whether you have to travel there for the divorce depends on whether the divorce will be contested and the rules of the Ontario courts.

Edited by grrrrreat

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Admittedly it's been many years (10+) since my mom divorced but after separating, and living separately for a year, she and my step-dad basically signed some papers with a lawyer and that's it. If there is no fighting, and no big rush, it's a relatively simple process here in Canada.

I'm really sorry to hear that things have gone this way for you, I wish you the best.


08/13/2010 - Matt found my profile on okcupid

08/16/2010 - I introduced him to skype

12/28/2010 - We met in 3D for the first time

05/27/2011 - We got Married!

09/20/2011 - I-130 sent

09/26/2011 - text received from uscis

09/29/2011 - NOA1 hardcopy received

03/16/2012 - NOA2 from uscis website, no text or email ever recieved

04/17/2012 - received NVC case # IIN & BID in the mail

04/18/2012 - optin email sent, AOS invoiced

04/19/2012 - optin accepted, choice of agent completed online

04/23/2012 - AOS paid, waiting for receipt

04/26/2012 - AOS sent

05/02/2012 - AOS checklist received, also false checklist for ds-261

05/03/2012 - IV invoice email received

05/04/2012 - IV invoice available online

05/07/2012 - IV invoice paid

05/09/2012 - IV appears paid on portal

05/13/2012 - IV package sent

05/16-2012 - AOS checklist response sent

05/18/2012 - Case complete, no email recieved

05/29/2012 - called NVC to find out case had been completed on the 18th

06/06/2012 - interview assigned (July 9th!) (rescheduled to June 26th)

06/07/2012 - interview email received

06/20/2012 - medical

06/26/2012 - interview! APPROVED!!!!!!!

06/26/2012 - email from Loomis, they picked up my passport

POE Friday the 13th! Montreal airport

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Filed: Timeline

Admittedly it's been many years (10+) since my mom divorced but after separating, and living separately for a year, she and my step-dad basically signed some papers with a lawyer and that's it. If there is no fighting, and no big rush, it's a relatively simple process here in Canada.

I'm really sorry to hear that things have gone this way for you, I wish you the best.

Are you sure they didn't have to go to Court? That would be surprising.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Are you sure they didn't have to go to Court? That would be surprising.

I never went to court and I know many others that never went to court (I was in the military, what do u expect,lol) In most cases (in canada at least) if its amicable and everyone can agree on how to split everything up, it s not that difficult to do. I saw my lawyer once, then I left for another province. He sent it to her lawyer, signed sealed and delivered!


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: Timeline

I never went to court and I know many others that never went to court (I was in the military, what do u expect,lol) In most cases (in canada at least) if its amicable and everyone can agree on how to split everything up, it s not that difficult to do. I saw my lawyer once, then I left for another province. He sent it to her lawyer, signed sealed and delivered!

Very interesting. I think in a lot of U.S. states you have to show up in court at least for the formalities.

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Filed: Citizen (apr) Country: Canada
Timeline

I never had to go to court either.

The only problem with Ontario is the 1yr separation, before the divorce. In this case you may be able to use the time you are already separated. But she will have to file since your not a resident.


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Met Playing Everquest in 2005
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K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

No useful advice but I just wanted to say I am sorry it has come to this.

Please take care to look after yourself.

Edited by gad33

1 Dec 2011 Mailed I-130
8 Dec 2011 NOA 1
20 Dec 2011 NOA 2

NVC

17 Jan 2012 Phoned NVC. Case Number allocated
18 Jan 2012 Emails received re AOS fee and Agent
20 Jan 2012 Electronic opt in email sent & response received
20 Jan 2012 AOS fee paid
20 Jan 2012 Form DS-261 Choice of agent filed
27 Jan 2012 Email received re choice of agent received. Can now pay IV bill
29 Jan 2012 IV bill paid
31 Jan 2012 Received written notification case at NVC (dated 18 Jan)
8 Feb 2012 Emailed AOS
9 Feb 2012 DS-260 submitted online & docs emailed
14 Feb 2012 Case Complete
5 Mar 2012 received email - interview date 10 April
10 Apr 2012 Visa Approved
10 Apr 2012 Email from Loomis - passport picked up from Consulate

June 2012 Moved back to US

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Filed: Citizen (apr) Country: Canada
Timeline

I believe I found a site which would be helpful but you probably need to visit a lawyer to at least figure out how the international portion of it will work

http://www.lsnjlaw.org/english/family/divorce/irreconcilable/

here is an excerpt:

Irreconcilable Differences—New Jersey’s No-Fault Divorce

On January 20, 2007, Governor Corzine signed into law a change to the divorce statute. Before that, most divorce complaints were based on either separation (living separate and apart for at least 18 months) or extreme cruelty, which required one spouse to accuse the other of specific acts of cruel behavior. The law now allows for a true no-fault divorce based on either spouse claiming irreconcilable differences. To file a divorce based on irreconcilable differences, the following requirements must be met:

You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint.

You and your spouse must have experienced irreconcilable differences for six months.

The irreconcilable differences make it appear that the marriage should be dissolved.

There is no reasonable prospect of reconciliation.

The irreconcilable differences basis for divorce does not require that one spouse make allegations or accusations against the other.

If you are thinking about filing for divorce, this change in the law may make the process a little smoother. When neither spouse has to blame the other for the divorce, it can reduce the level of conflict in the litigation. Most divorces end with a negotiated settlement rather than a judge resolving the issues after a trial. Setting a more peaceful tone in the divorce complaint may result in a quicker settlement.

It is important to recognize that, in almost all situations, an allegation against a spouse, even when proven by evidence, will not affect the outcome of the divorce. So, claiming that your spouse had an adulterous affair will not improve your chances of receiving more in child support, alimony, or equitable distribution.

If you have already filed for divorce based on extreme cruelty or another basis that requires allegations of bad acts, you may want to ask the court to amend your divorce complaint to base your divorce solely on irreconcilable differences. By doing this, you may be able to withdraw the allegations of bad acts by your spouse. You can only amend your complaint if you have not yet reached a final judgment of divorce. Amending your complaint so that it becomes a no-fault divorce complaint may make it easier to get a negotiated settlement.


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Very interesting. I think in a lot of U.S. states you have to show up in court at least for the formalities.

if it's a no contest divorce, in a lot of states only the plaintiff is required to go to court. in my case, my ex didn't have to do anything but sign the divorce decree. that was in virginia.

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Very interesting. I think in a lot of U.S. states you have to show up in court at least for the formalities.

I know with my Canadian divorce, I didn't show up anywhere - not even in a lawyer's office. Just signed the papers and handed them back to the process server...


USCIS (192 days, August 24 2011 to March 2 2012. No RFE's).
NVC (30 days, March 12 to April 11. Case expedited due to NVC errors).

Montreal US Consulate, awaiting interview date (14 days, April 12 to April 26).

05/09/2012 - medical in Toronto - passed!
05/22/2012 - interview - passed!
05/25/2012 - visa in hand!!! biggrin.png
06/09/2012 - POE @ YWG (Winnipeg Int'l Airport)

Removal of Conditions submitted March 24, 2014, received March 26, 2014

"RFE" for page 3 of application received, date March 27, 2014. Package re-submitted with all papers re-attached.

04/07/2014 - NOA1 Date

05/07/2014 - Biometrics in Charlotte, NC

11/05/2014 - APPROVED! Citizenship in 5 months!

11/10/2014 - NOA2 in hand.

11/20/2014 - 10 yr GC in hand! :D

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Well I did not know where to go to ask this question. The time has come for divorce.

I'm really sorry to hear this! :( It's not ever an easy thing to do, and my heart is so sad for you :(


USCIS (192 days, August 24 2011 to March 2 2012. No RFE's).
NVC (30 days, March 12 to April 11. Case expedited due to NVC errors).

Montreal US Consulate, awaiting interview date (14 days, April 12 to April 26).

05/09/2012 - medical in Toronto - passed!
05/22/2012 - interview - passed!
05/25/2012 - visa in hand!!! biggrin.png
06/09/2012 - POE @ YWG (Winnipeg Int'l Airport)

Removal of Conditions submitted March 24, 2014, received March 26, 2014

"RFE" for page 3 of application received, date March 27, 2014. Package re-submitted with all papers re-attached.

04/07/2014 - NOA1 Date

05/07/2014 - Biometrics in Charlotte, NC

11/05/2014 - APPROVED! Citizenship in 5 months!

11/10/2014 - NOA2 in hand.

11/20/2014 - 10 yr GC in hand! :D

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