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ghxste

Divorcing & Going back to my home country.

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We (unfortunately) decided to file for an uncontested divorce, no kids or any assets with me signing every agreement and settlement and acknowledgement of service.
We already have everything sorted and dont disagree on anything, I contest nothing. I just want to go back home. He neglects me almost completely. We just tolerate each other, but without spite.

 

We got a date for an ''Initial conference'' , but I had planned to go back to my home country before then, and Im scared that something can go wrong if I don't go... But since I am the respondent and not the plaintiff in this case, maybe its okay.
I do know I don't have to go to the final hearing. Anyone got any advice? Will it matter if I dont go to the initial conference, or should I re schedule my flight? Thank you.

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This is more of a divorced procedures question than an immigration question. The immigration side is simple - you can leave on the next plane if you wish. You are free to go to your home country whenever you wish. I’m sorry things didn’t work out as you had planned. 

 

Divorce laws vary vary from state to state so it will depend on the requirements in the state where your spouse is filing for divorce. I cannot imagine, since you are the respondent and are not contesting anything and there are no children involved, that you *must* be present for any of it. But who knows? 


 

 

 

 

 

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Discuss it with your Divorce Lawyer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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only one has to be present in Ga for uncontested divorce

 

https://info.legalzoom.com/happens-after-file-uncontested-divorce-georgia-23969.html

 

you need to  be sure to get an original of the final document

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47 minutes ago, ghxste said:

Anyone got any advice? Will it matter if I dont go to the initial conference, or should I re schedule my flight?

Consult with the Divorce Lawyer. If you have to stay a little while in the US, then you can (I presume your AOS is still pending). Speaking about AOS, it is recommended to officially withdraw the I-485 by sending a withdrawal letter to where the AOS packet was sent after leaving the US (just to tie loose ends and IDK if you have approved Advance Parole). You can also inquire for guidance about officially withdrawing AOS by emailing the USCIS London office (they have jurisdiction for Sweden): USCIS.london@uscis.dhs.gov

Edited by TM92

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If you have signed a waiver of rights, meaning you don't have to do anything else in the divorce, then you can just go back to your home country. The divorce will proceed without you.
 


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

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33 minutes ago, Ash.1101 said:

If you have signed a waiver of rights, meaning you don't have to do anything else in the divorce, then you can just go back to your home country. The divorce will proceed without you.

Just adding that OP should consider the options of getting an original of the final divorce document (e.g. OP can find out if someone can mail or send it by courier) like @kris&me suggested

Edited by TM92

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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1 hour ago, TM92 said:

Just adding that OP should consider the options of getting an original of the final divorce document (e.g. OP can find out if someone can mail or send it by courier) like @kris&me suggested



Agree'd. If there is a waiver of rights, it's technically going to be on her if she wants to have a copy of the divorce decree.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

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