Jump to content

19 posts in this topic

Recommended Posts

Filed: Citizen (pnd) Country: Canada
Timeline

I'm obviously just speculating, but if the OP moved to another country and they haven't talked since he left, it's conceivable that she didn't know his address. It's very likely (and certainly believable) that she simply said his last known address to her was in the US, and had the divorce paperwork sent there, meeting the burden of effort for the divorce to move forward.

As other have said, obviously USCIS would be aware that she had already been married before. It's very unlikely they would allow her new case to move forward without her providing a divorce decree.

I also agree with the other posters. This seems more motivated by revenge than anything else. The relationship is long over and he's gone home, so there's no reason to pursue this in the US other than an attempt to screw things up for his ex.

OP, take a step back and try to be less emotional about the situation. Unless there's something else going on, what's happening with your ex in no way affects you, and pursuing it will likely just be a waste of time, money and effort.

Link to comment
Share on other sites

Filed: Timeline

Kozah

You have a lot of replies here and they all say the same thing. Im sorry if the word "report" stuck out at you- because it seemed to be something you picked up on and are frustrated that no one is advising you of the how and what and where to report. So lets just get that out of the way.

Often people (the ex spouses) want to say something to the USCIS- tell their side of the story you can call it. This can be in all kinds of situations from USCs wanting to say bad stuff about their ex alien spouse with pending cases open to an ex alien spouse wanting to say bad things about USCs who are petitioning for another alien.

So people on the forums will advise you to "report it" This means to send a letter to USCIS containing the alien number or case number so they can identify the parties involved (which would be you and your USC) and whatever negative or relevant information you may have.

So if you feel you are still legally married which would make your wife unable to remarry and bring over another spouse you can report that.

HOWEVER as it has been stated- the USCIS is quite aware of your marriage so they would not have processed and approved her petition for husband number 2 with out proof that your marriage had been terminated.

This means your marriage had been terminated. You are most likely now divorced. So good news or bad news. Not sure how you feel about that. Sure there is the slight chance that fraud was committed and your marriage was never terminated and your wife was able to petition husband number 2 and USCIS did not pick up on the fact that she previously petitioned for you. But this is highly unlikely. Nothing is impossible, but we are talking very low odds of this being the case. You have much better chances of being struck by lightning multiple times or winning the lotto then an error like that being made.

So we are going to say you are divorced and accept it as fact unless you can prove otherwise.

Is it possible to divorce someone with out them knowing. YES. She can serve you by publication if she can not locate you. That is allowed.

Now what do you do? Well the smart thing to do is to attempt to locate the divorce papers as they impact you. Your best shot is to start with the last know place she resided. People laid out do it yourself instructions in the thread of how to search and contact the courthouses to inquire if a divorce filing was done there. Sure this is not going to be easy. It can end up costing you money. But to be totally honest- well, my personally sympathies are limited. You can not honestly believe that you can simply walk away from a marriage with out consequences. You yourself stated you have not communicated with your estranged spouse in 2 years. At some point you have to clean up, close out and its uncomfortable and can be costly and hard.

Link to comment
Share on other sites

Filed: Timeline

My opinion is, if she made no ""effort"" to notify you, then, technically, you are still married..,at least legally.

I would follow this trail.

Has to be published in newspaper the last place she knew he lived at

once produced proof goes to the judge & there is no ties that binds

& short marriage....oh yes he is divorced, USCIS would have query that

re: her new husband approval

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...