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Friend Wants a Divorce. please help!

By ItsGonnaBeWorthIt in Effects of Major Family Changes on Immigration Benefits

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ItsGonnaBeWorthIt Proficient

ItsGonnaBeWorthIt   191

Posted
Filed: IR-1/CR-1 Visa Country: Ethiopia
 Timeline
Posted (edited)

ok so I have posted a few times about my friend getting married to a someone from another country.. ok well they are young and they got in an argument and he went back to his ex.. yea crazy right.. happy she found out before he came. anyways I have no clue about divorce. and how it works and how it works with a foreign spouse. now she thought she was just married in the other country but I told her no you are married everywhere. so she said she will wait for him to do it there. my question is how does she file for it here? and what steps does she needs to take incase he doesn't do it? she just wants to go along with her life . they only been married a few months . she didn't start the process yet . no papers sent nothing.

all help needed!

I know she should of thought about it before they started. they were young 18 and they just knew they were in love. but life happens.. and no there is no trying to work it out. they both are 100% sure that a divorce is needed and both wants to just move on with their lives.

My only question is how does she file for a divorce with a foreign spouse? any steps or a guide on how to do it. and forgive me I don't know how someone files for a divorce anyways. I guess I can Google it but any help here would be fine.

Edited by ItsGonnaBeWorthIt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 ( after two service request) 

NVC: 6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!
Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

dhlunar Collaborator

dhlunar   25

Posted
Filed: IR-5 Timeline
Posted

Divorce is a state family law issue. Each state is different. Your friend might want to contact the courts or an attorney in their state to see what the process is.

In your signature I noticed mention of an NVC scan date. Is that for you or your friend that is thinking about a divorce?

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

ItsGonnaBeWorthIt Proficient

ItsGonnaBeWorthIt   191

Posted
Filed: IR-1/CR-1 Visa Country: Ethiopia
 Timeline
  • Author
Posted (edited)

Divorce is a state family law issue. Each state is different. Your friend might want to contact the courts or an attorney in their state to see what the process is.

In your signature I noticed mention of an NVC scan date. Is that for you or your friend that is thinking about a divorce?

my friend. im already half way through the process and we are happily married lol. and I trust VJ enough that if I was getting a divorce I wouldn't pretend like someone else lol. but my friend got married a few months back I was helping her set up all her paperwork since I been through the same thing so now she comes to me for everything . if you read in my profile I asked a few questions on her behalf. but she didn't start the process she was saving up money but then they was having arguments so she put it off and now he finally said he was done with everything .

but ok I guess she will have to contact the court and go from there but was wondering if things were different since he is not here yet.

Edited by ItsGonnaBeWorthIt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 ( after two service request) 

NVC: 6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!
Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

tuckin14 Enthusiast

tuckin14   58

Posted
Filed: Timeline
Posted

If you have a valid marriage from another country, your marriage is recognized in the USA. Generally speaking, you have to file for divorce by going to a court of competent jurisdiction. If both parties live in the same state, it would be a court in that state. Basically you file a "complaint" which is the normal paper by which any lawsuit is filed. Then the other party has to be "served" - the notice of the lawsuit has to be put in their hand. If you know where the other spouse is living, that's usually not a problem.

You need "grounds" for divorce - some legal reason why the marriage can be dissolved. It's much easier to do if both parties agree, but this all varies by state law. As an example (and this is just example, and based on my personal knowledge and could be wrong), in Pennsylvania both parties can simply declare that they have not lived together for 90 days and that they believe the parties cannot reconcile. In Maryland you have to have been living apart for a year, and the court will usually want some proof that you've been living apart.

Other grounds, like adultery, cruelty, etc. can also be used in some cases. But it can be more complicated than you think. For example, Maryland will not allow a party to simply admit to adultery without corrroberating proof. They will assume that the parties are simply making it up to avoid the one-year waiting period.

Whatever, you can't simply write a letter to the court saying "I want a divorce." You may not need a lawyer, but you will have to familiarize yourself with the legal procedures. For example, a complaint might state:

John Jones vs. Mary Jones, Complaint for Divorce.

1. The parties were married on January 1, 2013, in Stockholm, Sweeden.

2. John Jones is an adult resident of Armstrong County, Pennsyltucky, and Mary Jones is an adult resident of Bay County, Pennsyltucky.

3. There were no children born of the marriage.

4. The parties have lived separate and apart since January 1, 2014, and there is no reasonable hope of reconciliation.

THEREFORE, John Jones, Plaintiff, requests of the honorable court:

1. That he be granted a decree of divorce from Mary Jones.

Note crucially that in this complaint, John is not asking the court to divide any property the parties have. If they have any jointly owned property, or if either party thinks they are entitled to a share of property in the other's name, they have to ask the court to divide it.

That's as far as I'm going to go. Google "Do It Yourself DIvorce {mystate}"

Darnell Grand Master

Darnell   8,478

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

she has 2 choices:

1. go to the county courthouse, ask a clerk at the 'divorce payments window' or

2. use the google, search terms '<<state name>> divorce how-to'

She may have issues with service and notice-by-publication, but those issues are easily overcome.

Alternatively, any divorce lawyer can give her advice for a 1 hour fee, get the same info.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

ItsGonnaBeWorthIt Proficient

ItsGonnaBeWorthIt   191

Posted
Filed: IR-1/CR-1 Visa Country: Ethiopia
 Timeline
  • Author
Posted

Thanks so much for all that info!!!

just to tell the story .

She lives in USA he lives in his Country . they married I think 6 months ago so never lived with each other besides the month she was there with him, no kids, nothing they share, they literally just started this whole thing , she didn't even start the process. I guess some people cant handle the distance and one argument led to another. So both will agree on the divorce they are ready to file as we speak. so I will search your link and Google what needs to be done and send her to the courts . She said his dad said he can take care of everything over in their country but wanted to make sure she got everything she needs ya know?

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 ( after two service request) 

NVC: 6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!
Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

ItsGonnaBeWorthIt Proficient

ItsGonnaBeWorthIt   191

Posted
Filed: IR-1/CR-1 Visa Country: Ethiopia
 Timeline
  • Author
Posted

she has 2 choices:

1. go to the county courthouse, ask a clerk at the 'divorce payments window' or

2. use the google, search terms '<<state name>> divorce how-to'

She may have issues with service and notice-by-publication, but those issues are easily overcome.

Alternatively, any divorce lawyer can give her advice for a 1 hour fee, get the same info.

Ok I will tell her to google that . and if she wants to go for 1 hour she should. couldn't hurt

USCIS : 7 months
Marriage : March 21, 2014
I-130 Sent : April 18, 2014
I-130 NOA1 : April 22, 2014
I-130 Approved: November 14, 2014 ( after two service request) 

NVC: 6 months
Received : December 1, 2014
Received DS-261 / AOS Bill : January 1, 2015
Pay AOS Bill : January 9, 2015
Submit DS-261 : January 7, 2015
Receive IV Bill : January 15, 2015 called after AOS showed paid, they released it overnight)
Pay IV Bill : January 23, 2015
Send IV and AOS: January 29, 2015
Scan date: February 3, 2015
Checklist: March 19, 2015 (only need to send south Africa police report)
Case Complete: June 3, 2015 

EMBASSY: 10 months
Interview appointment letter : December 4, 2015
Interview Date : January 21, 2016 medical wasn't complete
Second interview date: April 4th 2016
Interview Result :APPROVED!!!
Visa Received : 4/13/2016 ( they sent us a email stating our visa was ready for pick up)

USA LIFE
US Entry :4/29/2016 
Social Security : 5/10/2016 (filed from the actual office)
State ID: 5/14/2016
Started working!!: 5/25/2016
Finally paid green card fee: 6/24/2016 ( note said we will receive it within 60 days)
Green card in hand: 7/5/2016 10 year green card we done!! 

1st king born: 6/30/2016

April 2017 update: Marriage still going strong, baby boy getting bigger. Life is good 

 

 
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