desert_fox

The rules vary from one state to another. Many states allow you to file if either party is a resident. Some states will even allow you to file if neither party is a resident, but the cause for the divorce occurred while the parties were in the state. She needs to find out what the relevant state laws are.

Youre right...only one party needs to be a resident...some states require that the plantiff be a resident.

The rules vary from one state to another. Many states allow you to file if either party is a resident. Some states will even allow you to file if neither party is a resident, but the cause for the divorce occurred while the parties were in the state. She needs to find out what the relevant state laws are.

Gimme an example of one state that will let you use their courts without being a resident, and file for a divorce.

you can always check with www.yelp.com to find a divorce attorney IN THE CITY where yer spouse lives, in the USA -

then engage the attorney (pay monies), follow his advice, and get divorced.

She cannot file for divorce in the US unless she is a resident of the jurisdiction of where she is seeking the divorce.

Her only choice is to file where she lives.

As a US citizen you cannot be detained without a reason, which is what is being described here. To verify your customs form is correct...yes, but to hassle you about where you went, why you went, etc is unreasonable search and seizure. As to the searching of laptops and other digital media,this issue is making it's way through the Courts. To make it short, where I traveled to and why is none of your business.

Not true. USCBP operates under an exxemption to the 4th Admentment. They can go thru all you stuff and open up any closed container without a search warrant. It has been that way since day 1.

Applies to the US Coast Guard also.

I answered a duplicate post in another forum, indicating if the petitioner disclosed all previous marriages and provided divorce decrees for the divorces and the case is now at the consulate awaiting interview, then USCIS has already approved the petition, making the validity of any disclosed divorces, "already adjudicated" or decided upon. Only if the marriage and divorce was NOT disclosed could this still be an issue. If that's the case, they have a much larger problem than the divorce issue. They would be facing a material misrepresentation finding.

I dont know what the laws of New You are, but in California and states that have adopted the Unifrm Divorce recognition act, its a basically a voidable divorce. The State of California will not give any legal meaning to it since it was dont solely to circumvent the Family Code of Calif. A county clerk will not issue you a Marriage License based upon such a divorce as the state will not give any legal creedence to it.

With this being saidn a adjucicator may be aware of the isue and the NY laws and may send it to their legal department for an opinion. I've seen ppl refused for mail in quickie Guam Divorces etc.

Take yoiu chances or seek a legal opinion.

Dear Friends:

Please advice me on the following, as the day for my interview is coming close (a couple of months) and I am beginning to panic ... I have married three times. The first two marriages were in New York City. The first marriage, I ended it with a divorce in the Dominican Republic, although I am a USA citizen of Ecuadorian descent. My then wife was Dominican. I then proceeded to just marry for a second time, and then divorced my second wife five years later, this time in New York City. I married again in Ecuador, and I petition her through an I-130 petition, of which I am about to send the I-864 affidavit, for which I expect to receive an interview date for my wife in Ecuador in two months tops. To make it short, I am afraid the consults at the Ecuadorian consulate are going to ask my wife for documents of my two previous divorces, and the minute the consuls see the Dominican divorce, they are going to say that it is not valid. Can someone please give light on this, and please any experience or factual knowledge on this matter will be greatly appreciated. What is specifically requested as valid divorce papers in the interview?

Thanks

ChrisAndAnnie

The DR is well know for quickie divorces. Just fly down there one day, get a dirvorce and fly back the next..

Usually the courts consider if it was done solely to circumvent the laws of your home state before they give validity to the divorce. If they find that this is the case they will not enforce it or consider it legal.

If you obtained the divorce, then it prob will not be considered legal eventhough your ex resides in the DR unles she was a part of the procedure. The USCIS usually does not consider these divorces to be legal or enforceable.

You should run this across a NY family lawyer to get a legal opinion.

• ......copy of the divorce for I-130 and a normal (at least it does not say certificated - that seem strange) copy for the I-485.
  Getting a certified copy in California can take till 6 months :-/
  -Chris
  

A certied will take you at least 15 minutes to obtain if you go to the Office of the Clerk of the Superior Court in the County where the divorce took place.

If it no close...order them on the internet at the web site of the respective office...takes a week

go to the local courthouse, get a license and get married.

or

go to las vegas...get married within a few hours after getting there.

My marriage to my K3 visa holder husband did not work. He took off on me and moved out with his K-4 [2] kids now 24 and 26 I sponsored. Out of anger and frustration every time he moved out, i decided not to adjust his status and requested ongoing process be cancelled. I didn't get my divorce until 7 years later due to financial hardship. He's resurfaced in my life and told me has been working as an illegal alien for the past 4-5 years. I've had a change o heart and even though cannot do anything for him as a spouse, I was told that after 7 years of marriage, he can adjust his immigrant status. I want to help him but cannot afford an attorney. Does anybody know where do I start to make this request? Please help.

He can only adjust status bsed upon marriage to you.

Dont let yourself be used.

I'm tired of being told that Islam is a "Religion of Peace," when every day I can read dozens of stories of Muslim men killing their sisters, wives and daughters for their family "honor"; of Muslims rioting over some slight offense; of Muslims murdering Christian and Jews because they aren't "believers"; of Muslims burning schools for girls; of Muslims stoning teenage rape victims to death for "adultery"; of Muslims mutilating the genitals of little girls; all in the name of Allah, because the Qur'an and Shari'a law tells them to.

May I ask if you thought about how you and your fiance plan to survive financially when he gets here? You don't have to disclose that here, but I was just wondering if you gave it thought.

Good Luck

Exactly...The Consulate had a valid question. Finish your studies...have alife afterwards. You dont need the financial pressure of how you are go9ng to eat tommorow while both of you are in school.

Graduate, and then petition again.

Read the Ellis postind pinned above. If you just let the petition expire and you dont take action to withdraw the petition or file an appeal, they will assume that the allation was true, that it was not a valid marriage. This will prejudice any future petition.

Do you think I even care to change your thinking? I can throw facts at you 24/7, and you'd still have a mindset that is stuck on stupid and beyond my power to reach. If your posts are reflective of the love and concern you feel for your fellow human beings, in contrast to the acts you rail against, that makes you even scarier than before. A dose of self-awareness would help you more than I can.

Now, do as you say, and stop trying to bully me.

She is a charter member of the FLAT EARTH SOCIETY

Logic and cogent arguments are useless, as she is blinded to logic and opinion except for her own..

Do you plan to take a class on Islam?

Don't need to. I learned all that I want to know on 9-11

They must run as fast as they can after learning how to hate.

You should have posted this 5 years ago.

I vote for throwing him out.

Let him file for divorce. That way he can pay for it.

Hi,

Im not sure if this is the best place to post this but I am new to these forums so forgive me if its in the wrong place.

I am currently in a relationship with an American, I personally am Australian. I am curious as to wether I can legally marry him In the US on a visitors visa

I have no intention of staying and I do not currently wish to immigrate, My only wish is to be married to the man that I love and want to spend the rest of my

life with. Will I be causing myself more trouble if I do marry him on a visitors visa and return home in accordance with the Visa I will have, or is this a common thing?? I really can not find any accurate information on the subject, and it seems that everyone will assume I am trying to evade the laws and immigration process. It is not my intention I just wish to marry my partner and I am not currently able to immigrate anyways. Any light you can shed on the matter will be greatly appreciated.

Thank you in advance.

You wont need a visa,,,you can enter the US under the VWP, but DO NOT mnention to Immigration that you are here to get married.

--- OR---

You can apply for a visa, under the premise that you are going to the US specifically to get married. The Consulate would need evidence and nned to return to Austrailia.

______

Fly to Las Vegas, take cab to marriage license clerk adjacent to the Clark Couty Courthouse, pay $55 for the licence, walk down street to nearest wedding chapel and get married.

Hello. My wife is a U.S citizen who applied from Pakistan embassy. I got the interview call . But they put our application on hold saying that since my wife was in medical school in pakistan, immigrant visa could not be issued to me untill she graduated and moved to america. please tell me how should i proceed

Wait for wife to graduate and move to America.

OK, before anyone says "Its your responsibility" or "How could you forget something so important?" I know. I know I know I know. I have kicked myself 3thousand times since we got a letter from USCIS yesterday in the mail. I have run around like a crazy person getting everything together, and writing a heartfelt apology and explanation as to why, in November we are just realizing what we didn't do. My husbands card expired in June 2010. June 25 to be exact. Tough year?? Ummm yeah. Suicide attempt by myself (3rd time) and being hospitalized. Rheumatoid Arthritis becoming more crippling as days pass. Medical bills piling up. Everyone trying to keep me from falling into despair. Quite frankly...it was pushed to the back of our minds. We had discussed it in February as we were considering heading back to England...but aren't doing it anytime soon(we still might...and he may have to). We knew we could file in March...but in February my life fell apart.

How has everyone else that has been in this position faired? I am a wreck. If I don't end up back in the hospital again....I'll be lucky. I have tried to contact an attorney, but money is so tight. I'm thinking I'm just going to file the petition with all evidence I can get my hands on today and tomorrow (everything is closed tomorrow anyways) and head to the post office first thing Friday morning. Hope and pray....and keep taking my anti-anxiety meds. I seriously hate myself right now.

Certainloy aint your fault, don't blame yourself. It would be your husbands fault as it is he that is trying to remove conditions and he should be responsible enough to know what his status is and what he needed to do.

If you are mmarried at the time of having a baby...your husbands name goes automatically on the birth certificate....state law.

If you want to do otherwise...you will need a lawyer to handle DNA tests etc.

MY HUSBAND WENT TO HIS INTERVIEW BACK IN MARCH 2010 AFTER MUCH TIME WE FINALLY FOUND OUT THEY DECIDED TO SEND OUR FILE BACK TO IMMIGRATION FOR REVIEW REQUESTING THAT THEY DENY THE PREVIOUS APPROVAL OF OUR PETITION. THEY BELIEVE THAT OUR RELATIONSHIP IS NOT LEGITIMATE. AFTER 2 MONTHS IT FINALLY REACHED THE IMMIGRATION DEPT AT WHICH TIME WE WERE TOLD WE HAD TO WAIT 120 DAYS FOR AN UPDATE TO THE CASE. WE WAITED THE 120 DAYS AND I CALLED IN ON WEDNESDAY THE 27TH OF OCTOBER. THEY SENT AN EMAIL TO THE CALIFORNIA SERVICE CENTER WHICH IS WHERE OUR CASE IS BEING PROCESSED TO SEE WHAT THE STATUS WAS AS THERE WAS NO UPDATE OR CONTACT RECIEVED WHITHIN THE 120 DAY TIME FRAME. TODAY I GOT AN EMAIL THAT SAID::The status of this service request is:

The required background checks for the subject case remain pending. We will render a decision as soon as the background checks are complete. If you do not receive a decision within 180 days of this inquiry, please contact csc-ncsc-followup@dhs.gov.

NOW ITS ANOTHER 6 MONTHS DOES ANYONE KNOW IF THERE IS ANYTHING I CAN DO ARE WE REALLY GOING TO HAVE TO WAIT ANOTHER 6 MONTHS FOR A BACKGROUND CHECK AND WHY EXACTLY IS ANOTHER ONE BEING DONE SINCE ONE WAS DONE ALREADY AND HOW LONG REALLY DOES THIS TAKE PLEASE ANYONE WHO HAS ANY VITAL INFORMATION ON THIS OR CAN HELP IN ANY WAY I WOULD GREATLY APPRECIATE THE ASSISTANCE IN THIS.

I'll just give the realistic evalouation in spite of all the ppl who will tell you otherwise/

They dont believe that you have a valid relationship. They are not authorized to revoke the petition, so they send it back to the service center and recommend that it be revoked.

Now they will jack you around...after six months they may revalidate it and send it back...and it will continue.

Your best bet is to find out why they didnt like your relationship and fix that aspect.

Maybe you shoud go there and live together for six months..what ever it takes. Maybe you are 20 years older than him...whatever it was ...fix it by spending more time together.

Right now you are looking at two years to get it fixed.....they will just wear you down..

I would probably witthdraw the petition..spend more time together and re-file.

Hello Visa Journey members, i have a question if someone could help me with a response. The case is my fiancee came on a K-1 Visa on September 8, 2010 and on the form I-94 it says it expires on December 7, 2010 (We already got married as well). Having said that, she tried applying for a Id Card (In Florida)but the DMV office told her that she needs to renew her Form I-94 or apply for a EAD in order to get a ID Card because her I-94 is close to expiring (She went to the DMV Office on November 8 2010 today as a matter of fact)

So Can someone would be so kind to give some info, thanks.

She needs to show the Florida DMV that she is here legally. Right now she is only legal until 7 Dec/

She needs ro file for AOS.....and may have to wait until she adjusts status...depends on the rules of tthe DMV.

Sharia and Shad:

I, too, had red flags the size of Moscow popping up on my screen when reading the post the first time.

It is perfectly okay to enter the United States as part of the Visa Waiver Program, and it's also perfectly legal to get married while in the US, even if this was planed beforehand. So far, so good.

The K-1 is a single entry visa for a foreigner who is engaged to a US citizen. It expires the moment the foreigner sets foot on US soil. Its requirement is to get married to the petitioning spouse in the US, within 90 days.

When you, Chad, left for Canada, you did this without a valid visa that would allow you to return to the US. The K-1 was expired and invalid in any case as you are not a fiance anymore, but the immediate relative of a US citizen.

When seeking entry to the US on your way back from Canada, you theoretically could have used the VWP. However, and that's what I believe has happened, the CB Officer assumed immigration intend, based on the fact that you are indeed the immediate relative of a US citizen and the father of another US citizen, both of which live in the US.

Theoretically, had they allowed you to enter, you could have filed for Adjustment of Status from within the US, meaning you would have never had to leave for the Kingdom again.

But, they didn't let you enter, and they won't let you enter as a tourist anymore. You also won't get any other non-immigrant visa, such as a B2, not a chance in heaven. The only visa you can get is a CR-1, which is an immigrant visa.

As others have already mentioned, that will take many months and cost a small fortune again. But you have no choice.

He never receaived a K-1...he was still waiting for it.

He entered as a VWP, and got married....the dumb thing he did was to leave the US.

Thank so much dear... My friend lives in the border between Texas and Mx... her bf is turkish guy and she is wanna he comes to visit her in Texas to then go to Mx for visit her other family member... And she will start the procedures for the Tourist US VISA for him and wanna get more info about it.

I sent the info to her... and she is ver happy and thankful too!!!!

?????

He has to apply for his own tourist visa and qualify on his own.

There is nothing for her to do.

I stand by what I said.....there are alliances formed between certain countries and unless that mother is found to be involved in crime...the USGOVT will not deport her as her biological children are still way too young to be without their mother...and it is irrellavent as to the style of parenting the father can provide. The US Govt takes refugees from all over the world, as does Australia, do you really think its going to kick the mother of one of its own citizens out and take on a refugee instead....???

In cases like this we can be all grateful that we are living under an understanding set of laws that are happy to be broken when required....besides, they had already filed their AOS.

They kick em out every day...!!

MYFOXNY.COM - Henry Velandia and Josh Vandiver married in Montville, Connecticut on August 29, 2010. Henry Velandia is in deportation proceedings because the Defense of Marriage Act prevents Josh Vandiver from sponsoring him for residency.

Josh Vandiver was born in Colorado. He graduated from Harvard in 2004 and studied at Oxford before beginning his Ph.D. program at Princeton in political theory.

Henry Velandia was born in Venezuela. He came to America in 2002. He is a salsa dancer and teacher, performed on Univision's Mira Quien Baila, and is the founder of HotSalsaHot dance school.

Vandiver goes before his immigration judge in Newark, N.J., on November 17, 2010.

The couple hopes Valandia's deportation can be delayed until the U.S. Supreme Court rules on the Defense of Marriage Act. In July, a lower court ruled it unconstitutional.

Legal experts say the couple's chances are a long shot.

http://www.myfoxny.c...gnized-20101025

Adios.........................