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SantyAndAllie

Divorce with immigrant no longer in the US?

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SantyAndAllie Community Regular

SantyAndAllie   155

Posted
Filed: AOS (apr) Country: Ecuador
 Timeline
Posted

So I’ve done a bit of research, but I’m honestly too overwhelmed and anxious about all of this and just have no idea what to do. Even posting this is difficult. 😔 Could someone please point me in the right direction? 

 
My husband (who is Ecuadorian) and I have been separated and living on completely different continents for 3 years now. He moved out of the US in 2018 (essentially letting his green card expire, as he never applied to renew after 3 years). I wanted to work things out; he does not. He wants to file for divorce but is now living in England and works a ton. I told him if he wanted the divorce he needed to do it because I wasn’t the one that wanted it. But now.. I’m tired of being in limbo and just want to start over already. But how?
 
I have no clue what to file or how. I’m in NJ, and luckily we do not have any kids or property together. We only lived with family. Both of us really don’t have very much, nor do we have anything to really split between us. We have lived completely separate lives for the past 3 years. I never even changed my last name. 
 
I read about filing for abandonment, but I am partially to blame for him leaving, so I don't think I would qualify. I would rather do this without lawyers if it’s possible, especially considering that we have nothing between us. I just want this nightmare to be over. 😞

K-1 Visa

♥ 10/2/14- I-129F form sent
♥ 10/3/14- USCIS received I-129F
♥ 10/7/14- NOA1
♥ 4/24/15- NOA2 [6.5 months; 199 days]
♥ 5/11/15- NVC received & case number assigned
♥ 5/13/15- NVC left
♥ 5/14/15- Consulate received & ready for interview
♥ 6/15/15- Interview- APPROVED!!

♥ 7/10/15- Visa in hand

♥ 7/11/15- POE

♥ 7/14/15- Marriage (Civil)

AOS

♥ 7/20/15- AOS/EAD/AP sent together

♥ 7/23/15- NOA1 for all 3

♥ 8/17/15- Biometrics

♥ 8/31/15- Expedited AP document (all in one day)

♥ 9/22/15- EAD NOA2

♥ 9/30/15- Received EAD/AP combo card

♥ 11/20/15- AOS NOA2 (no interview)

♥ 11/25/15- Green card received! Woohoo!!!

"Can my fiance(e) visit on VWP while awaiting K-1 visa?"
Check out our recent experience coming through JFK on VWP here!

*Fellow Ecuamerican couples: All info you need to know--

Concise post NOA-2 steps, advice, & consulate info here!*

al6ryq.png

ღ Allie & Santy ღ

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Boiler Grand Master

Boiler   43,451

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

Look for self help Divorce information in your State

 

You can certainly file you will need to notify him but that does not seem an issue 

“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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TBoneTX Grand Master

TBoneTX   43,061

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

Sorry to hear it, Dear. :( 

 

Do what Boiler recommends, but get a consultation with a lawyer before proceeding on your own, just to be sure.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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SantyAndAllie Community Regular

SantyAndAllie   155

Posted
Filed: AOS (apr) Country: Ecuador
 Timeline
  • Author
Posted
13 minutes ago, TBoneTX said:

Sorry to hear it, Dear. :( 

 

Do what Boiler recommends, but get a consultation with a lawyer before proceeding on your own, just to be sure.


@TboneTX,

I was sad to have to tell you. :( I’m still sad about it. I don’t want to get divorced. Even though I’ve been separated for years, I haven’t fully accepted it yet. It’s like I think in a second we could just end up back together and pick up where we left off. But I know that’s not realistic, and I’m so tired of waiting. 

K-1 Visa

♥ 10/2/14- I-129F form sent
♥ 10/3/14- USCIS received I-129F
♥ 10/7/14- NOA1
♥ 4/24/15- NOA2 [6.5 months; 199 days]
♥ 5/11/15- NVC received & case number assigned
♥ 5/13/15- NVC left
♥ 5/14/15- Consulate received & ready for interview
♥ 6/15/15- Interview- APPROVED!!

♥ 7/10/15- Visa in hand

♥ 7/11/15- POE

♥ 7/14/15- Marriage (Civil)

AOS

♥ 7/20/15- AOS/EAD/AP sent together

♥ 7/23/15- NOA1 for all 3

♥ 8/17/15- Biometrics

♥ 8/31/15- Expedited AP document (all in one day)

♥ 9/22/15- EAD NOA2

♥ 9/30/15- Received EAD/AP combo card

♥ 11/20/15- AOS NOA2 (no interview)

♥ 11/25/15- Green card received! Woohoo!!!

"Can my fiance(e) visit on VWP while awaiting K-1 visa?"
Check out our recent experience coming through JFK on VWP here!

*Fellow Ecuamerican couples: All info you need to know--

Concise post NOA-2 steps, advice, & consulate info here!*

al6ryq.png

ღ Allie & Santy ღ

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