Divorce and denial of Petition

[netcoach]

What is the name of your state? LA

I have recently seperated from my spouse. She is Canadian, petitioning to become a US citzen. The petition was denied in January when we did not attend the interview (we did not receive a notification due to problems with addresses after the storm). She has sent in an appeal, but I do not want to continue with the process. She has said that I would have to support her (she has not looked for a job) because of the affidavit of support filed. Since the petition has been denied, and I do not want to continue with it, I don't know if this would be true. We also have two houses. I own the mortgages, she is on the title. What are her rights with regard to these? She has said I will have to liquidate both and pay her cash. I want to keep one or both houses and buy her out. She says she won't allow me to do that. Pleas advise. Thanks.

 

[ImmigAttyLana]

This is not really an immigration issue (dealing with support and division of property) but a family law issue and you need to consult with a family law attorney in your area since this is state specific law.

As for the immigration matter, if you are no longer in a valid bona fide marital relationship, you cannot continue the process even if you did want to do it because there is no longer a basis for the petition to go forward.

The affidavit of support is not the same as a support order as a result of a divorce and that is only really valid if the petition were to be approved. Since the petition was denied due to abandonment, the affidavit of support does not come into effect in any way.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[netcoach]

What then is her status now. Since the petition was denied, does she need to return to Canada? When? What happens if she doesn't? How do we continue a divorce proceeding if she can't be here?

 

[ImmigAttyLana]

Her status now largely depends on what her status was at the time of filing. It may or may not be still valid, depending on what that status was and what the expiration of it was. I cannot say without knowing more information.

The divorce proceedings can most likely continue even if she is no longer here as long as she is duly served by the divorce papers and I would think that she would have an attorney representing her in that matter so the attorney would be the one to consult on as far as the procedures, requirements, etc.

 

[netcoach]

She came in as a visitor only, on vacation to visit me.

 

[evcalyptos]

She came in as a visitor only, on vacation to visit me.

Just as Lana says--she is the one with an immigration problem (and a support problem--the I-864 has not been put into effect).
She is a visitor who (likely) overstayed her alloted 6 months in the US and she needs to go back to Canada.

Both of you need family law lawyers to deal with the divorce; it can be handled with her on the other side of the border. If you were a nice guy, you might let her know that she could have a problem reentering the US in the future, and that she should see an immigration atty about her specifics.