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Thủ tục ly dị ?

By gmail in Vietnam

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gmail Newbie

gmail   0

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Filed: Timeline
Posted

Chào các bạn,

Tôi bảo lảnh vợ qua Mỹ được 1 năm nay bằng diện hôn thê (fiancee) và đã có 1 bé gái 6 tháng tuổi. vợ tôi giờ vẫn chưa có thẻ xanh (green card) vì tôi chưa apply. Cuộc sống thì không như mong muốn và không thể sống chung nửa. Giờ tôi muốn ly dị và nếu ly dị thì she có còn được sống ở Mỹ nửa hay she phải về lại Việt Nam và đứa bé sẽ theo ai? nói chung là tôi muốn gởi she về lại VN

Cám ơn các bạn

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

You will probably get more answers if you post your question in English.

You cannot force your wife to leave the US. She has a green card, what she does is her choice.

As far as child custody, you will need to consult a family law attorney.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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quann Collaborator

quann   26

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted (edited)

OP says he hasn't filed for AOS, and wondering what her status would be if they were to divorce. he wants to send her back to vietnam, not sure what's gonna happen with the 6mo old baby (don't know if he even wants custody). i know about the marriage process, but never looked into divorce because i wasn't planning on having one so can't help him.

i agree if he's found this site that means he can post in english. i don't like where this is going already.

Edited by quann

K-1, CRBA, AOS, GC

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gmail Newbie

gmail   0

Posted
Filed: Timeline
  • Author
Posted (edited)

she doesn't have a green card yet.

I brought my wife here by a K1 visa as an fiancee a year ago and we got a 6 months old child. My wife does not have a green card yet. Too much is going on and we can't live together. I want to divorce and force her to go back to Vietnam and the kid will stay with me. I don't know if it's possible to do that.

Edited by gmail
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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

she doesn't have a green card yet.

I brought my wife here by a K1 visa as an fiancee a year ago and we got a 6 months old child. My wife does not have a green card yet. Too much is going on and we can't live together. I want to divorce and force her to go back to Vietnam and the kid will stay with me. I don't know if it's possible to do that.

You can't legally force her to go. She can get a GC without you.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

she doesn't have a green card yet.

I brought my wife here by a K1 visa as an fiancee a year ago and we got a 6 months old child. My wife does not have a green card yet. Too much is going on and we can't live together. I want to divorce and force her to go back to Vietnam and the kid will stay with me. I don't know if it's possible to do that.

You cannot force her to do anything including going back to VN.

Even if she is "forced" back, you don't automatically get the baby.

I call BS on "forcing" her back and essentially depriving her of her child because you know she will not be able to return to the US.

This woman needs a lawyer to proctect her baby from being taken from her.

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vyx Explorer

vyx   1

Posted
Filed: K-1 Visa Country: Vietnam (no flag)
 Timeline
Posted

huhmm, I find it's odd that you didn't apply for your wife's GC. I assumed that you know this is going to happen that's why you didn't apply for her's GC. I know a similar story but without the baby.

I-129F NOA2 : 2012-05-15

NVC Received : 2012-06-22

NVC Left : 2012-06-28

Consulate Received : 2012-07-02

Packet 3 Received : Called DOS on 07/3 and package 3 sent out. We didn't wait for the "physical" package. My fiance' mailed DS2001 and DS230 part I

out the next day via EMS. You don't have to wait for pkg3. You can download and fill it out ahead of time.

Packet 3 Sent : 2012-07-04

Consulate Received pkg 3: 2012-07-06

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

How? She's a k-1 visa overstay at this point. Does the VAWA apply I'm this case?

There was a recent "ruling" that gives a path for a K entrant to adjust status. It's not an easy road, but the possibility does exist.

I'll look for the supporting info and post.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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hniHnitsuJ Proficient

hniHnitsuJ   8

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam (no flag)
 Timeline
Posted

You will probably get more answers if you post your question in English.

You cannot force your wife to leave the US. She has a green card, what she does is her choice.

As far as child custody, you will need to consult a family law attorney.

Wow.. A Map biet doc tieng VN .. hihihih.

Like others have say. You can't force her out of US. She will get her GC with or without you (If she has a lawyer).

Sorry to heard your story, and best of luck.

I-130 Journey

USCIS

06-15-2008 : Marriage

08-16-2008 : I-130 Sent

08-18-2008 : I-130 Received

08-22-2008 : I-130 NOA1

02-02-2009 : I-130 NOA2 Approved 164 days from NOA1

NVC

02-04-2009 : Visited my wife for 2 weeks. 02-22-2009 come back to US

02-11-2009 : Received package from NVC

02-23-2009 : AOS Paid $70 (Online)

02-23-2009 : DS-3032 sent (by email)

02-25-2009 : Payment Received from my bank (AOS)

03-04-2009 : NVC has received the Choice of Agent DS-3032 (Online)

03-04-2009 : IV Application Processing Fees $400 (Online)

03-05-2009 : Payment Received from my bank (IV APS)

03-07-2009 : DS-230, and I-864 Sent (by USPS)

03-12-2009 : USPS confirm arrived at NVC for DS-230, & I-864

03-13-2009 : NVC received DS-230, & I-864 (Case in progress)

03-20-2009 : NVC case completed in 1 week NVC completed 03-20-2009.

04-02-2009 : NVC Left to HCM city

04-22-2009 : Medical Passed

05-12-2009 : Received a package IV from HCM Consulate by email

05-18-2009 : My wife got Pink.. yeah..

05-26-2009 : Visa received

06-18-2009 : US Entry!!! Yeah, my wife finally here.

06-29-2009 : Received SSN from snail mail

07-20-2009 : Green card received by mail

09-15-2009 : Writting test from DVM.

11-03-2009 : Driving Test.

01-20-2010 : Working.

04-20-2011 : Submit I751

04-26-2011 : Received I-797 NOA with Receipt Number

05-11-2011 : Received ASC Appointment Notice

06-03-2011 : Biometrics Apts @ 11:00 AM

10-11-2011 : Submit more evidence.

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Doanh M. Contributor

Doanh M.   4

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

she doesn't have a green card yet.

I brought my wife here by a K1 visa as an fiancee a year ago and we got a 6 months old child. My wife does not have a green card yet. Too much is going on and we can't live together. I want to divorce and force her to go back to Vietnam and the kid will stay with me. I don't know if it's possible to do that.

I dont know the situation too well. But given what i read here is that your wife was 3 months pregnant before she arrived the United States.

She then came over. You're supposed to file for AOS for her but you didn't, even with the kid coming.

Unless your wife totally used you to come over the US and totally disregard her 6 months old child, then I will pity you.

But rather I feel very bad for your wife's situation. It's a marriage and you're supposed to work it out. I doubted that there was any infidelity on her part as she was pregnant half the time she's here.

I'd like to see her get a lawyer for help and gain custody of her child.

Some people are so irresponsible that it's heart breaking for others.

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  • 4 months later...
hope2018 Collaborator

hope2018   25

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

Chào các bạn,

Tôi bảo lảnh vợ qua Mỹ được 1 năm nay bằng diện hôn thê (fiancee) và đã có 1 bé gái 6 tháng tuổi. vợ tôi giờ vẫn chưa có thẻ xanh (green card) vì tôi chưa apply. Cuộc sống thì không như mong muốn và không thể sống chung nửa. Giờ tôi muốn ly dị và nếu ly dị thì she có còn được sống ở Mỹ nửa hay she phải về lại Việt Nam và đứa bé sẽ theo ai? nói chung là tôi muốn gởi she về lại VN

Cám ơn các bạn

Why do you want to "force" your wife back to Vietnam? I hope your wife will get the GC and stay here with her child. You need to leave your wife alone and be a good father to your child by keeping his mother in US for him.

TimeLine

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2007-09-26

I-129F NOA1 : 2007-09-28

I-129F RFE(s) : none

RFE Reply(s) : none

I-129F NOA2 : 2007-10-30

NVC Received : 2007-11-05

NVC Left : 2007-11-06

Consulate Received : 2007-11-09

Packet 3 Received : 2007-11-17

Packet 3 Sent : 2007-11-23

Packet 4 Received : 2007-12-16

Medical Taken : 2008-01-03

Medical Passed : 2008-01-04

Interview Date : 2008-01-11

Interview Passed : 2008-01-11

Visa Issue : January 18th 2008

USA ENTRY : January 23rd 2008

POE Entry : Seattle Washington

Wedding : February 9th 2008

Social Security Card Received: February 19th 2008

Civil Surgeon I693 signed : April 14th Vaccinations Complete.

AOS: Sent on April 15th 2008 USPS Confirmed . April 17th 4:56 Am

AOS: Hard Copy Received NOA1 April 22nd all 3 arrived same day.

Biometrics : Received Appointment Letter Today April 27th = May 23rd 2008 10 am appointment

Transfered CSC June 4th

EAD: Approved June 13th 2008

EAD: Recieved Card June 18th 2008

AP: Approved June 13th 2008

AP: Received June 18th 2008

AOS:touched :Card ordered July 26th

Approval: AOS : Aug 4th

Green Card :Received : Aug 5th with Welcome Letter . 2 years Dated July 26th

Thank You USCIS

Thank You Visa Journey...........................

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  • 3 months later...
TQD Contributor

TQD   6

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam (no flag)
 Timeline
Posted (edited)

I agree with Anh map, hihihi :) I like your answers.

She need an immigration lawyer to show her how to get a GC and you have to child support until 18 years

Edited by TQD

12/27/13 - NVC received I-130 approval package

01/31/14 - Fill the form DS-261

02/04/14 - AOS fee show PAID

02/10/14 - IV fee show PAID

08/08/14 - Sent civil documents

10/01/14- checklist for police certificate

10/14/14- scanned checklist

12/04/14 - CC

03/30/15- interview

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Apalis Enthusiast

Apalis   3

Posted
Filed: IR-1/CR-1 Visa Country: Singapore
 Timeline
Posted

It's most likely you won't get what you want. A divorce is likely but forcing her back to Vietnam is a bit impossible at this point. Your kid is now a US Citizen and with a good lawyer, your wife will be able to get a green card and stay there.

If your wife was faithful with you and you want a divorce because you have a change of heart then your wife has my full sympathy. If not, then good luck. Just do what you think is right. However, don't corner your wife and cut off her kids, her living means, etc... It won't end well for you. Karma is a ######, remember that.

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