Question on divorces

B

Burning spear

Registered Users (C)
I have a question regarding divorce and USCIS guidelines. My friend is LPR as a result of asylum. His wife was granted a derivative status and he filed the relative petition for her which was approved a year ago. However, the wife refused to join him. The petition will expire for failure to prosecute.

what option does he have on divorcing her(he cant go back to COP where she resides), and move on with his life?

what does USCIS guidelines regarding this? if at some point he needs to re marry, he needs to prove the previous marriage was nullified.

let me know great people
 
He just files for divorce in the state he lives in. He has to prove he served her the documents, but mail is fine for that.
 
Burning spear said:
Appreciate your reply. File for divorce here and send a copy to her

easy
Click to expand...

Well, if your friend's wife lives out side of the US and he lives in the USA, then you should be careful with the issue of jurisdiction. I don't think he will be to file for divorce and just serve a notice. Before this can happen you will have to estublish that the court in the state you live has jurisdiction over the state is which the spouse lives. and that would be impossible. I think the best way forward for your friend is for him to file the divorce in country in which his wife lives. once the divorce is finalized over there, then a copy of that divorce will suffice USCIS. I have seen cases like this before....
 
faysal said:
Well, if your friend's wife lives out side of the US and he lives in the USA, then you should be careful with the issue of jurisdiction. I don't think he will be to file for divorce and just serve a notice. Before this can happen you will have to estublish that the court in the state you live has jurisdiction over the state is which the spouse lives. and that would be impossible. I think the best way forward for your friend is for him to file the divorce in country in which his wife lives. once the divorce is finalized over there, then a copy of that divorce will suffice USCIS. I have seen cases like this before....
Click to expand...

Correction: My bad........................yes he can file the divorce in the USA.
 
One more question

My friends wedding was 'traditional' hence not registered with state in his native country. should a letter from the elders or acceptable documentation nullify his original marriage?

Thankful please help!
 
You must log in or register to reply here.
Top