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depressed_lost

Married a wrong person!!!

By depressed_lost in Effects of Major Family Changes on Immigration Benefits

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depressed_lost Contributor

depressed_lost   12

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

Hi everyone!

Came to US on k1 visa and got married after 80 days.Did not apply for AOS yet.Want to get a Divorce and go back to my country.USC is not ready to give Divorce.Please advice.

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

You do not need their permission to file for divorce. Just go ahead and do it yourself. Good luck! :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Darnell Grand Master

Darnell   8,478

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

in a divorce, there is a petitioner and a respondent/defendent.

the person that files first is the petitioner.

divorce is under state law, and each county handles the court process. You could file the divorce petition..

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 !

 

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depressed_lost Contributor

depressed_lost   12

Posted
Filed: K-1 Visa Country: India
 Timeline
  • Author
Posted

You do not need their permission to file for divorce. Just go ahead and do it yourself. Good luck! :)

Yes but the North Carolina law requires separation for one year prior to filing for a Divorce.

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Yes but the North Carolina law requires separation for one year prior to filing for a Divorce.

True, but that has nothing to do with your spouse not wanting to grant you a divorce. You can still initiate the divorce yourself and your spouse cannot stop you. :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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depressed_lost Contributor

depressed_lost   12

Posted
Filed: K-1 Visa Country: India
 Timeline
  • Author
Posted

in a divorce, there is a petitioner and a respondent/defendent.

the person that files first is the petitioner.

divorce is under state law, and each county handles the court process. You could file the divorce petition..

Thanks for the reply but the North Carolina law requires separation for one year prior to filing for a Divorce.I will get out of status after 90 days finish.Where will I live and how will I pay the lawyers fees.

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depressed_lost Contributor

depressed_lost   12

Posted
Filed: K-1 Visa Country: India
 Timeline
  • Author
Posted

True, but that has nothing to do with your spouse not wanting to grant you a divorce. You can still initiate the divorce yourself and your spouse cannot stop you. :)

Thanks for the reply but I will get out of status after 90 days finish.Where will I live and how will I pay the lawyers fees.What if I go back to my country without Divorce?

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

There are some inconsistencies here.

1. Needing to be separated for a year IS NOT THE SAME as your spouse not wanting to grant you a divorce. As Darnell stated, you can file as the petitioner in your own divorce after your state-mandated separation. Your spouse plays no part in your ability to file for divorce.

2. In your own post you state that you want to divorce and return to your country. Where will you live? Well as you indicated, you would move back to your country.

3. You need to check your state laws about residency pertaining to your divorce. I would think it would be strange that they require you to live in the same state or country as the person you are trying to break ties with. Maybe you would have to return to finalize things? Really, I don't know. :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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depressed_lost Contributor

depressed_lost   12

Posted
Filed: K-1 Visa Country: India
 Timeline
  • Author
Posted

There are some inconsistencies here.

1. Needing to be separated for a year IS NOT THE SAME as your spouse not wanting to grant you a divorce. As Darnell stated, you can file as the petitioner in your own divorce after your state-mandated separation. Your spouse plays no part in your ability to file for divorce.

2. In your own post you state that you want to divorce and return to your country. Where will you live? Well as you indicated, you would move back to your country.

3. You need to check your state laws about residency pertaining to your divorce. I would think it would be strange that they require you to live in the same state or country as the person you are trying to break ties with. Maybe you would have to return to finalize things? Really, I don't know. :)

Yes that is what I am confused about.I will be out of status soon and if I move back to India how it will work out.I wanna go back asap.Because I cannot work here as I am not allowed to and also don't have any place to live.Hope will find someone here who has knowledge about this kind of problem.Anyways I understand what darnell said and thank you both for giving advice.

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flfreddy Collaborator

flfreddy   92

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

file, go home... log the 1 year clock, then get a US attorney to final the steps for you. or you can get attorney from start to end. About 2-4K fees total, plus you can get alimony for the time together before separation

=============
5/20/2019 - I129 Submitted

5/22/19 - NOA1

 

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love4life09 Explorer

love4life09   15

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

You don't have to have a divorce lawyer .You can get the forms from the county court clerk and do it yourself . It's easier than immigration forms .

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tomyka81 Enthusiast

tomyka81   95

Posted
Filed: L-1 Visa Country: Nigeria
 Timeline
Posted

Go back home, wait a year, then file from there. Generally US counties only require one person to be a resident to process the divorce. So which ever state and county your spouse is living in atvthst time, contact a cheap lawyer and have him file for you. You can possibly get divorce by default if your spouse ignores. You can sometimes waive the court appearance and do everything by mail.

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Ontarkie Grand Master

Ontarkie   13,917

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Go back home, wait a year, then file from there. Generally US counties only require one person to be a resident to process the divorce. So which ever state and county your spouse is living in atvthst time, contact a cheap lawyer and have him file for you. You can possibly get divorce by default if your spouse ignores. You can sometimes waive the court appearance and do everything by mail.

She doesn't need to wait the year as she will no longer be a resident of that state. She can go back home and follow the divorce laws in her country and file for divorce there. No need to file in the US at all.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
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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2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Thanks for the reply but I will get out of status after 90 days finish.Where will I live and how will I pay the lawyers fees.What if I go back to my country without Divorce?

As you stated you are already married, so you are already out of status. Or I think to be more accurate you have NO status.

There is no reason why you cant file for divorce yourself. But you will have to leave the US.

Thank you, goodnight and may your gods go with you",

Dave Allen.

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