Jump to content

9 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: United Kingdom
Timeline

Hi there! My wife and I are in the process of divorcing. We are still collecting paperwork and I wanted to ask if anyone knows if it is required to have a DIVORCE or whether a dissolution will be okay. In Ohio, divorce and dissolution have the same legal implications, but the process is different. In dissolution, both parties agree on everything and present it to the court jointly and the court signs it off and dissolves the marriage, just like divorce without the proceedings. My wife and I would be comfortable with this as we agree on everything, but I wanted to make sure that a decree of dissolution will be interpreted by USCIS in the same way as divorce ie legally terminated marriage- has anyone got any experience with this? I read a case that said they would interpret based on state law, and since they are considered the same in OH, I hope USCIS will also consider them the same, but will go through divorce if having the word divorce instead of dissolution is preferable for USCIS. 

 

Thanks for your help!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Kuwait
Timeline
4 minutes ago, KirstyMcDonald said:

Hi there! My wife and I are in the process of divorcing. We are still collecting paperwork and I wanted to ask if anyone knows if it is required to have a DIVORCE or whether a dissolution will be okay. In Ohio, divorce and dissolution have the same legal implications, but the process is different. In dissolution, both parties agree on everything and present it to the court jointly and the court signs it off and dissolves the marriage, just like divorce without the proceedings. My wife and I would be comfortable with this as we agree on everything, but I wanted to make sure that a decree of dissolution will be interpreted by USCIS in the same way as divorce ie legally terminated marriage- has anyone got any experience with this? I read a case that said they would interpret based on state law, and since they are considered the same in OH, I hope USCIS will also consider them the same, but will go through divorce if having the word divorce instead of dissolution is preferable for USCIS. 

 

Thanks for your help!

You should not have any issues as both divorce and dissolution results in a termination of marriage and that’s only the only thing they would be looking at. 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Myanmar
Timeline

If both parties agree to dissolution then why not keep it simple and do an uncontested divorce? Then there is no ambiguity or misunderstanding.  

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Philippines
Timeline
Posted (edited)
1 hour ago, Mike E said:

If both parties agree to dissolution then why not keep it simple and do an uncontested divorce? Then there is no ambiguity or misunderstanding.  

That's what a dissolution is. Everything is agreed on and only one lawyer is involved who represents one of the parties.  If a second lawyer is involved it becomes contested and the stuff hits the fan.

It can be done without a lawyer at all but it's probably worth it to have one since it's cheap enough.

Edited by Skyman

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Myanmar
Timeline
5 hours ago, Skyman said:

That's what a dissolution is. Everything is agreed on and only one lawyer is involved who represents one of the parties.  If a second lawyer is involved it becomes contested and the stuff hits the fan.

It can be done without a lawyer at all but it's probably worth it to have one since it's cheap enough.

Is the content in this link not correct:

 

https://www.divorcewriter.com/ohio-dissolution-and-divorce-differences

 

Dissolution
Case Type: Your case must be uncontested.
Signing: Both spouses must sign the dissolution papers.
Court Hearing: Both spouses must attend.
Divorce
Case Type: Your case can be contested or uncontested.
Signing: Only one spouse has to sign the divorce papers, but the divorce will be finalized quicker if both do.
Court Hearing: Only one spouse is required to attend.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Sweden
Timeline

Choose whichever works the best for you, both are fine. The i-751 instructions even mention annullment, so dissolution is not an issue if you choose to go that route. 

Screenshot_20210606-183440_Drive~3.jpg


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

ROC: 04-22-2019 - 04-22-2020 (365 days)
Naturalization: 05-01-2020 - 03-16-2021 (320 days)

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

Share this post


Link to post
Share on other sites

@KirstyMcDonald after reading all the responses it seems reasonable that a dissolution would be OK. If I were in your shoes, I would reach out to an immigration lawyer and ask that question during a free consultation.

 


 

I-751 Joint Filing.

06-15-2021 - Case was updated to show fingerprints were taken. 

05-26-2021 - Received NOA/extension letter. Notice date and postmarked 05-20-2021.

05-23-2021 - Received text message with Receipt #. YSC Potomac Center.

05-21-2021 - Checks cashed (processing on joint checking account)

05-07-2021 - I-751 received in Arizona.

 

Marriage-based AOS - Concurrent filing.

05-07-2019 - AOS Approved. Resident since date 05/07/2019.

05-06-2019 - AOS Interview

04-23-2018 - "Case is ready to be scheduled for an interview"

03-16-2018 - Priority Date.

Share this post


Link to post
Share on other sites

I think California law only allows for dissolution.  In this state it's either dissolution, annulment, or death to end a marriage.  Certainly my "divorce" from my ex is listed as dissolution on the decree and USCIS was perfectly fine with that.


Wife                                                                             

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130 Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130 Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bill
  • May 06, 2021: Submit AOS, Financial Docs and DS-260
  • May 21, 2021: Submit Civil Docs 
  • July 08, 2021: Documentarily Qualified by NVC

Stepdaughter                                                              

  • March 08, 2021: Filed I-130 Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130 Approved
  • April 30, 2021:  NVC Received
  • May 01, 2021: Pay IV Bill
  • May 06, 2021: Submit AOS, Financial Docs and DS-260
  • May 14, 2021: Submit Civil Docs
  • June 25, 2021: NVC review, Submit additional Doc

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Malta
Timeline
12 hours ago, Mike E said:

Is the content in this link not correct:

 

https://www.divorcewriter.com/ohio-dissolution-and-divorce-differences

 

Dissolution
Case Type: Your case must be uncontested.
Signing: Both spouses must sign the dissolution papers.
Court Hearing: Both spouses must attend.
Divorce
Case Type: Your case can be contested or uncontested.
Signing: Only one spouse has to sign the divorce papers, but the divorce will be finalized quicker if both do.
Court Hearing: Only one spouse is required to attend.

The process is slightly different, the result is the same - termination of marriage.


USCIS

29 Apr 2020: I-130 filed online

11 Dec 2020: I-130 approved

 

NVC

17 Dec 2020: NVC Received

25 Jan 2021: Paid AOS and IV fees

14 Apr 2021: Submitted I-864, I-864A and DS-260

14 Apr 2021: Expedite request

04 May 2021: Expedite approved, case sent to Consulate in Naples, Italy

 

US Consulate Naples, Italy

04 May 2021: Consulate received

18 May 2021: Requested expedited interview

20 May 2021: Expedited interview approved and scheduled for 8th June

07 Jun 2021: Medical at Istituto Varelli (Naples, Italy) - Very friendly staff, spoke English

08 Jun 2021: Interview - APPROVED

09 Jun 2021: Picked up passport with Visa in person from Consulate 

 

USA

17 June 2021: Entered New York (JFK) as Point of Entry

17 June 2021: Landed in Arizona and reunited with my wife :) 

28 June 2021: Received Social Security Number

10 July 2021: Form I-551 (Green Card) marked as in production

15 July 2021: Form I-551 (Green Card) received in the post

Share this post


Link to post
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...