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Abbie and Rick

Help - Divorce during visa processing - COVID :(

By Abbie and Rick in Effects of Major Family Changes on Immigration Benefits

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Abbie and Rick Apprentice

Abbie and Rick   0

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

Hi fellow friends,

 

HELP! My husband and I were in the final stages of finalizing our CR1 visa (embassy interview) and then decided to split up and no longer move forward with the visa processing for my Australian husband to move to the US.

 

Location Details:

Place of marriage/residence at the time: The Netherlands

Place of my residence (since marriage): USA

Place of husband's residence (since marriage): Australia 

 

I literally have no idea if I need to get a divorce in the US and I'm not quite sure if the US has technically registered as a "married couple", as he has never physically lived/worked here and we have been separated this entire time since marriage. The Netherlands has no jurisdiction to issue a divorce since we no longer live there.

 

Any advice/guidance/references would be greatly appreciated during this trying times of change. 

Thanks beautiful humans! <3

 

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JeanneAdil Grand Master

JeanneAdil   6,296

Posted
Filed: Citizen (apr) Country: Morocco
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Posted

you need an attorney to serve him with the necessary divorce papers /can be done from the US 

you do not need to register a marriage in the US that is done in another country/ it is legally binding if legal in the country of the marriage 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

~~moved to effects of major family changes from IR1/CR1 process and procedures~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

File for divorce wherever you currently reside. So if you file, that would be within your state. If he files, it would be within Australia.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
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Posted

US doesn't register marriages performed elsewhere. File for divorce where you reside if you fulfill residence requirements to file (it varies by county).

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