Getting divorce from absent partner

[hauntedgal 0]

Hello!

This is my first post here and I'm really glad to have found a place like this. I've been reading through the other posts, trying to see if anyone has experienced my situation or can offer me some advice.

Eight years ago, I got married to an American citizen in Texas and began the preparations for filing for AOS. It was a long and tedious process and somehow along the way, things got mixed up and we missed our interview. We moved to Atlanta 3-4 years ago (hoping we'd have more success here), but he returned to Texas to continue working while I remained here.

For a while, communication was going just well until he suddenly seemed to drop off the face of the earth. Phone numbers were changed and no-one seems to know where he is now. It's been almost two years and without him (as you can well imagine) my AOS process has all but stalled. I need to get a divorce from him since my mother (who has a green card) wants to petition for me and hopes to begin this as soon as possible.

What steps do I take now? Does anyone know a good lawyer in the Atlanta area that I can contact? Any and all help would be greatly appreciated.

Thank you.

[LaL 418]

I believe the first course of action would be to find sound legal counsel. It sounds as if you are still married, and missed your first AOS interview. Years have gone by since then? I fear you may have some pretty hefty immigration issues to work through.

Find an AILA attorney, ASAP.

[bakofoil 27]

Hello!

This is my first post here and I'm really glad to have found a place like this. I've been reading through the other posts, trying to see if anyone has experienced my situation or can offer me some advice.

Eight years ago, I got married to an American citizen in Texas and began the preparations for filing for AOS. It was a long and tedious process and somehow along the way, things got mixed up and we missed our interview. We moved to Atlanta 3-4 years ago (hoping we'd have more success here), but he returned to Texas to continue working while I remained here.

For a while, communication was going just well until he suddenly seemed to drop off the face of the earth. Phone numbers were changed and no-one seems to know where he is now. It's been almost two years and without him (as you can well imagine) my AOS process has all but stalled. I need to get a divorce from him since my mother (who has a green card) wants to petition for me and hopes to begin this as soon as possible.

What steps do I take now? Does anyone know a good lawyer in the Atlanta area that I can contact? Any and all help would be greatly appreciated.

Thank you.

If you entered on a K-visa someone other than the original petitioner may not be able to help you. However, you may be able to file for AOS in your own right with the relevant waiver document since you appear to have entered into marriage in good faith and the marriage is of some long-standing. Also you have been abandoned which may fall into VAWA territory.

You should seek an immigration lawyer to handle both the divorce and your AOS requirements since it might be of benefit to you not to file for divorce right away. More experienced members of this site might be able to guide you further but I think a good immigration attorney is the way forward here.

In the meantime, here is the relevant information from 8 CFR:

Sec. 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a) General . (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I-751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

[bakofoil 27]

As LaL said, given the timeframe here you might have some explaining to do as to why you failed to attend the interview and reschedule. Good luck

[hauntedgal 0]

Thank you, LaL and babblesgirl.

You have been very helpful!

I've visited the AILA site and have already gotten a list of several immigration lawyers within the Atlanta area, so next week is going to be a series of phone calls and consultations.

We did move our case down to Atlanta after the first missed interview, but that was when he 'left' and all attempts to contact him had to be put on hold. I'm not sure if that will help my situation (as a reason that is), but we'll see what the attorneys have to say.

[bakofoil 27]

It might help under the waiver conditions. Stay positive and good luck with your enquiries

[English Muffin 59]

By the way, your mother won't be able to petition for you until she is a USC.

[diadromous mermaid 36]

Hello!

This is my first post here and I'm really glad to have found a place like this. I've been reading through the other posts, trying to see if anyone has experienced my situation or can offer me some advice.

Eight years ago, I got married to an American citizen in Texas and began the preparations for filing for AOS. It was a long and tedious process and somehow along the way, things got mixed up and we missed our interview. We moved to Atlanta 3-4 years ago (hoping we'd have more success here), but he returned to Texas to continue working while I remained here.

For a while, communication was going just well until he suddenly seemed to drop off the face of the earth. Phone numbers were changed and no-one seems to know where he is now. It's been almost two years and without him (as you can well imagine) my AOS process has all but stalled. I need to get a divorce from him since my mother (who has a green card) wants to petition for me and hopes to begin this as soon as possible.

What steps do I take now? Does anyone know a good lawyer in the Atlanta area that I can contact? Any and all help would be greatly appreciated.

Thank you.

If you entered on a K-visa someone other than the original petitioner may not be able to help you. However, you may be able to file for AOS in your own right with the relevant waiver document since you appear to have entered into marriage in good faith and the marriage is of some long-standing. Also you have been abandoned which may fall into VAWA territory.

You should seek an immigration lawyer to handle both the divorce and your AOS requirements since it might be of benefit to you not to file for divorce right away. More experienced members of this site might be able to guide you further but I think a good immigration attorney is the way forward here.

In the meantime, here is the relevant information from 8 CFR:

Sec. 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a) General . (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I-751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

Th excerpt pasted above applies to "removing" conditions and not to the initial adjustment of status. The OP has no legal status to remove conditions now, since no PR status has been acquired. Abandonment, in this case, is not abuse, in my opinion. Especially when the parties separated amicably. Refusal to cooperate in the adjustment process can be viewed as abusive, if used to hold control over the alien in some regard. Clearly, since the parties are not even living together that is not the case, either.

However, finding the missing spouse could assist the OP in securing residency through her marriage prior to divorce. But either way, I recommend a consulation with a competent immigration attorney before doing anything. One step in the wrong direction could cost the OP's sights of gaining PR for 10 years.