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  1. #1
    Join Date
    Jun 2019
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    6

    Default Immigrant Wife Left Country

    My question involves a marriage in the state of: NY

    My wife snuck a flight out of NY back to her home country without advance parole, so shes abandoned her green card application. I sent an I-864 withdrawal letter to cover all bases per advice. Someone suggested I investigate whether the possibility that she stays out of the country for a long time means my marital assets have the option of greater protection than through a no fault divorce. Obviously when I proceed with divorce Ill be getting an attorney but just thought Id get a head start on my research. Thanks.

  2. #2
    Join Date
    Oct 2016
    Posts
    2,875

    Default Re: Immigrant Wife Left Country

    You should add this to your original thread. You did so on at least one other forum so I know you know how.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Immigrant Wife Left Country

    Talk to a divorce attorney, but what you are saying doesn't make much sense. While her fleeing the country will probably fit the "irretrievably broken," her being out of the country doesn't mean you can just file "no fault" and keep the marital estate. In order to get a no-fault divorce, there can not be any argument as to the division of property. If you can communicate and agree with her on the division, then you can do "no fault." (I'm presuming there are no children). If you want to bring up her abandoning the marriage or otherwise ascribe some meaning to her absence, then you probably are going to need to go through the regular divorce procedure.

  4. #4
    Join Date
    Jun 2019
    Posts
    6

    Default Re: Immigrant Wife Left Country

    Quote Quoting PayrolGuy
    View Post
    You should add this to your original thread. You did so on at least one other forum so I know you know how.
    Like I said on the other forum, this has nothing to do with a postnuptial agreement the matter of which is now resolved. If I simply attach this enquiry to a mismatching thread I will get less relevant replies.

    Quote Quoting flyingron
    View Post
    Talk to a divorce attorney, but what you are saying doesn't make much sense. While her fleeing the country will probably fit the "irretrievably broken," her being out of the country doesn't mean you can just file "no fault" and keep the marital estate. In order to get a no-fault divorce, there can not be any argument as to the division of property. If you can communicate and agree with her on the division, then you can do "no fault." (I'm presuming there are no children). If you want to bring up her abandoning the marriage or otherwise ascribe some meaning to her absence, then you probably are going to need to go through the regular divorce procedure.
    Wouldn’t be doing no fault in this case.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,292

    Default Re: Immigrant Wife Left Country

    Quote Quoting c.m
    View Post
    My wife snuck a flight out of NY back to her home country without advance parole
    What does "advance parole" mean?


    Quote Quoting c.m
    View Post
    I sent an I-864 withdrawal letter to cover all bases per advice.
    Whose advice?


    Quote Quoting c.m
    View Post
    Someone suggested I investigate whether the possibility that she stays out of the country for a long time means my marital assets have the option of greater protection than through a no fault divorce.
    This sentence makes relatively little sense. Who is "someone"? What does "assets have the option" mean? What does "option of greater protection" mean? Protection against what? On what basis do you think you might seek a divorce other than "no fault"?


    Quote Quoting c.m
    View Post
    Obviously when I proceed with divorce I’ll be getting an attorney but just thought I’d get a head start on my research.
    Since you'll be hiring an attorney, why do you feel you need to research anything yourself?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Immigrant Wife Left Country

    What does "advance parole" mean?
    It's an immigration procedure for conditional entry into the US. She'd need it to either leave the county with her adjustment of status pending or to permit a longer departure from the US on a green card.

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