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  1. #1
    Join Date
    Sep 2007
    Location
    austin, texas
    Posts
    5

    Question Divorce from an Immigrant Spouse

    I got married in kathmandu, Nepal last year.

    My spouse just arrived to the usa on sept 6th 2007.

    He is being verbally abusive and just acts like he cares less about my feelings or what I do.

    I moved in with a friend and I want a divorce. It hasn't even been a month since he has been in the states.

    He came over on a spouse visa.

    I live in Texas.


    My first question is am I legally married in the USA because I got married overseas?

    question #2 do I get a divorce in the USA or Nepal?

    question #3.. I have to send a paper stating that I am going to withdraw my affidavit of support form, but where do I send it to?

    I just want him to go and he doesn't seem to care what happens, anyway. I just don't want to be in trouble with immigration since we are not living together now and make sure I do the correct procedures to resolve the marriage because we did enter into this in good faith.

    I would really appreciate any help or guidance you could give me in a timely manner.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Divorce from an Immigrant Spouse

    1. Yes.

    2. You can divorce in the United States.

    3. As far as I know there's no official form, nor any official means of withdrawal. Conventional wisdom is to either (a) Send a notarized letter to the U.S. Consulate that has jurisdiction over the immigrant visa case (or to the National Visa Center, if the case has not yet been sent to the Consulate), stating that you wish to withdraw the affidavit of support; or, (b) If your spouse is instead applying for adjustment of status using Form I-485, send a notarized letter to the USCIS office that is processing the application for adjustment of status. We've had reports here of people getting the runaround as they attempt to withdraw their sponsorship.

  3. #3
    Join Date
    Sep 2007
    Location
    austin, texas
    Posts
    5

    Default Re: Divorce from an Immigrant Spouse

    can I do the divorce myself? He agrees to the divorce and doesn't want anything and we don't have children together.

    If I can do it myself, do I need any special papers to fill out for divorce because he's an immigrant?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Divorce from an Immigrant Spouse

    You can handle the divorce yourself. It won't make any difference to the filing in divorce court that he's an immigrant.

  5. #5
    Join Date
    Sep 2007
    Location
    austin, texas
    Posts
    5

    Default Re: Divorce from an Immigrant Spouse

    He ran off somewhere and didn't contact me for 3 weeks.

    He also decided to run off with all my jewelry and ran up my phone bill to $486.00 when he was there.

    when he finally did contact me, I had him meet me at a notary's office to sign the divorce papers.

    He refuses to pay the phone bill and return the jewelry, but that is the least of my problems...

    HE REFUSES TO GIVE ME A PHONE NUMBER, ADDRESS, OR ANYTHING ELSE TO CONTACT HIM OR TO GIVE TO INS.

    I HAVE NO IDEA WHERE HE IS OR WHAT HE'S DOING.

    I told him I have to have an address for INS, but he refuses.

    I have already filed the divorce papers, but have to wait 60 days now.

    My question is who or where do I send these divorce papers to and tell them that he has run off like some free spirit over in the usa?

    I need either a webpage or a contact #, because I can't find anything on the internet.

    I do not want to be in trouble if he is out doing illegal things, which really, he is already doing, by running off.

    If anyone can help me, please let me know!!

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