Can Immigrant File Divorce? [merged threads]

[Numniuk 2]

Spouse came on K1 Visa. We married. However her abusiveness never stopped. Got arrested and kicked out. Was prepping to start the AOS, 485, before it all happened.

Now been time for filing divorce because there is no reconciliation (sucks, I know) but her anger and threats are too much. Had no contact with her for long time. No idea if she is still in same state, somewhere else in US, or back in her homeland. Last she was with me, she had no SSN, just an ITIN. Before we could do anything, she had nothing like EAD or anything. Just K1, marriage, and ITIN.

Just want her to be safe and to move on.

My question, is she able to file divorce against me in anyway, or am I in a rush to do it on my end for a clean break? Am afraid if she files before me, I then have to travel in case she follows through with her financial threats of the past (have proof if I ever needed). That be too expensive and from what I know, she would love that to happen.

Thoughts please.

Thanks.

Edited May 12, 2018 by TBoneTX

[ThomasNC1988 762]

File for divorce as soon as legal in your state. I highly doubt she will be in a rush to do this. Her only recourse in the event of a divorce is to return home is my understand. The only thing you should be concerned with is getting the divorce the immigration issues are for the government to deal with.

[geowrian 22,336]

Either party can file for divorce in accordance with the laws where they file. If she's still in the US, then she can do so via her state laws. If she's outside the US, she can do so under that country's laws. Well, except for the Philippines (no divorce except very specific circumstances, or get an annulment in months/years).

 

If you want to divorce, then you can do it yourself, too. Divorce generally does not require being in attendance for anything...it can be done via mail and such. A divorce attorney can walk you through the process.

 

For reference, she has no way to stay in the US legally without you since she came on a K-1. She can only complete AOS through you.

[Grant PDX 183]

Most states have a minimum amount of time you have to be a resident before filing.  Some are 3 months, some 6, some 12, all over the board, really (I live in Idaho, 45 days).  Some may have no minimum (Washington state and South Dakota).  Depending on where she is and where you are and how long you've been separated, she may or may not be able to file where she is currently located.  Check your state for residency requirements, then choose if you want to file.  If you wait, and she establishes residency somewhere else, you may be doing a divorce from a distance and fall under the other jurisdiction's requirements.  If she's in California for 6 months and files there, and you don't live there, be prepared for a rough divorce.

[Numniuk 2]

So she can still file even though not a citizen or with any real legal paperwork (as far as I know)? if she can not get any legal status without me, should I be in a rush? This my concern.

[geowrian 22,336]

3 minutes ago, Numniuk said:

So she can still file even though not a citizen or with any real legal paperwork (as far as I know)? if she can not get any legal status without me, should I be in a rush? This my concern.

The requirements to file vary by state/country, but generally you can file based on residency within the state regardless of immigration status. And certainly non-citizens can file for divorce.

Whether or not to rush it is a judgement call based on your circumstances, but I would start the process as soon as I was are eligible to do so.

[Numniuk 2]

Okay. Thank you, all.

[Numniuk 2]

is she still consider illegal here in america?......

 

filing for divorce on spouse (good hearted but did way too many bad things) not seen in a year

didn't yet start aos before her arrest, and no ssn at that time

she won't give up her address for divorce

lawyers want an address and putting in newspaper, unknown what state she even in as am told she isn't in home state anymore, will cost hundreds

lawyer said not to worry that she can't fight for alimony for marriage was short before her arrest, but still some people convinced she scheming something (she has this vengeful part of her she can not let go)

 

is she still consider illegal here in america?......

 

if so can i convince lawyers to use this info for uncontested divorce?

[Bfree3 132]

They can’t find her at all? 

[Numniuk 2]

she will not give me (stated so in email, so she could be delaying for something)

she was known to give off a lot of threats against people during my time with her, especially to me who "will pay" for having her arrested

high chance her friends will not too

[TBoneTX 43,508]

Follow-on thread has been merged with the original thread.

Edited May 12, 2018 by TBoneTX

[Numniuk 2]

could not find my post

got merged

am confused

does this mean she is or is not illegal in this country now

am in mst so not sure if others are

i can check back later

[NikLR 13,220]

She was illegal 90 days after her arrival on the k1 with no aos filed. 

[Villanelle 4,121]

If you are convinced she is a venegeful and spiteful person there are a few things to consider.

 

Do not be alone with her. Since she didnt file AOS her only path to a GC is filing VAWA. (claiming you abused her and not the other way around). If you are alone with her she can injure herself and blame you for it. This will cause you many legal problems. So just dont ever be alone with her. Meet her in public places if you have to meet but honestly theres no reason for you to have to meet her about anything.

 

File for divorce now in your state. She may be establishing residency in a state that has better divorce laws. Where the divorce is filed matters. Not all states have the same policy and views about alimony and property distribution. If your attny is saying you will be fine and she will get little to nothing he is saying that based on your states laws. If she files in another state you will be bound by that states laws. You will also have to hire an attny in that state and most likely travel for hearings. Some hearings and processes can be done with out you there but its always better for you to be present.

 

Please do not make more then one thread. The mod "merged" your threads into one thread. 

 

 

[Numniuk 2]

6 minutes ago, Damara said:

If you are convinced she is a venegeful and spiteful person there are a few things to consider.

 

Do not be alone with her. Since she didnt file AOS her only path to a GC is filing VAWA. (claiming you abused her and not the other way around). If you are alone with her she can injure herself and blame you for it. This will cause you many legal problems. So just dont ever be alone with her. Meet her in public places if you have to meet but honestly theres no reason for you to have to meet her about anything.

 

File for divorce now in your state. She may be establishing residency in a state that has better divorce laws. Where the divorce is filed matters. Not all states have the same policy and views about alimony and property distribution. If your attny is saying you will be fine and she will get little to nothing he is saying that based on your states laws. If she files in another state you will be bound by that states laws. You will also have to hire an attny in that state and most likely travel for hearings. Some hearings and processes can be done with out you there but its always better for you to be present.

 

Please do not make more then one thread. The mod "merged" your threads into one thread. 

 

 

 

i did not know other threats were still related had my friend type for me those days (was very sick and stressed) so he helped me

not seen her in over a year

i want to file but no money

been trying to figure if i should be going with those sites that do all the paper work for 300-400 and i have to go to courthouses to file it

lawyers too much for me but i found one for 400 but they want her address

i tried to figure it out on my own but keep getting overwhelmed with understanding the papers and laws and i know it should be easy but i can not take much time off working so want it right first time

got no one here to help me understand this stuff