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Nordyn

New Member
Hi,

My wife and I got married back in January 2002 in China, and I filed the immigrant applications for her later that year. About a year ago, we found out we didn't have anything in common anymore. To make long story short, we decided to end this marriage peacefully and go on our separate ways. I filed a statement of withdraw before our appointment being scheduled in China, because she decided that she wants to stay in her own country. Just a month ago I got informed that our case has been returned to USCIS.

Now my questions are:
How do I file for divorce since she's never been in the U.S? I've talked to county clerks and they said they didn't have my marriage record on file since I didn't get married in the U.S. Other than filing for divorce in China, is there anything else I should do in the U.S? Like showing notarized divorce papers from China to USCIS in case I meet someone who's not an USC and decide to get married in the future?

Thanks in advance for any advices.

David
 
Sorry...

:eek: David,

Sorry that it did not work out between the two of you.

You need to go to China, and request a record of dissolution of this marriage, or a divorce decree issued in China, if such a decree is issued. Since you did not get married in the US, the US has no record of you being married, so you cannot file a divorce or seek a divorce decree in the United States.

Your situation is more like taking your American Express card and buy a nice Armani suit at Macy's. However, after hanging this suit in your closet for 6 months, you decide that you no longer like this suit. So, you take the suit to the Armani store, with a Macy's receipt. Guess what!!! :confused:

:rolleyes: Armani store has no record of your purchase, even though they might have similar or same suit as the one you seek to return. As such, Armani Store cannot process this return, and the appropriate place to return it to, is Macy's with your receipt, and issued a refund. :confused:

Once the Chinese authority is able to issue a divorce decree, then you can translate it into English and have it notarized. However, there is NO law which requires you to register yourself as a divorcee... :rolleyes: :rolleyes: This divorce decree will ONLY be required when you intend to marry someone else in the US, and when you file for immigration benefit for your spouse, so if you go to the County Cleck with your divorce decree, she's gonna think that you are NUTS.. There is no county which keeps records of people who are divorced, unless they were married in the United States and happen to divorce in that county. :mad: :( :o

Good luck... and sorry that it didn'twork for you.... ;)
 
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