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Question about divorce from foreign spouse

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bmat

Junior Member
I live in Ohio.

In 9/06, I went to China and married a Chinese citizen. Since then, we have went through the process of getting a k3/k4 visa for her and her son. 10/08, the visas were issued, but because of health problems, hers was only a 3 month visa while her son's is valid for 2 years. She did not use her visa before it expired on 1/13/09 and neither of them has ever been to the US.

Since then, things have gone downhill. Supposedly, she is still waiting for the visa service in China to give her a new interview date. But, I have not been able to reach her for nearly a month now, nobody answers her home or cell phone. We have not talked at all since May, 6. I think our marriage is about over.:confused:

Can I simply file for a divorce here, and then notify immigration to stop the visa proceedings? Or am I going to need to hire an attorney and jump alot of hurdles?

One of my concerns is the affidavit of support, but I don't think that is binding if she is not, or has never been in the US. She cannot become a public charge if she is not here. I have not been providing financial support for her in China, either.

This is kind of borderline family law/immigration. Sorry if this is posted in the wrong place.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
The divorce questions are easy.

Yes, you can divorce her. You will have to either have her served (which may be difficult) or file for divorce by another method. You'll really need an attorney for this, but it's not terribly difficult.

Your timeline isn't clear. Did you live together for some of that time? If not, this may be one of the unusual cases where you MAY be able to get an annulment since you've never lived together. It may still be more expensive than the divorce, but given the immigration issues, you should consider it as an option when you talk with your attorney.

The bigger questions are immigration questions and you should post them in the immigration forum.
 

Proserpina

Senior Member
You need to withdraw the I-864. Technically it can be a bit of a gray area - there is some question as to whether or not the affidavit can still be enforceable because in one case it was ruled that the immigrant need not actually be a permanent resident to have standing to sue the sponsor for support.

Speak with an immigration attorney; you should be able to withdraw the affidavit (if for no other reason than your wife hasn't even set foot into the country let alone tried to adjust her status) but you need to make sure everything is crossed and dotted.

Just in case.
 

bmat

Junior Member
Thanks for the responses!

Your timeline isn't clear. Did you live together for some of that time? If not, this may be one of the unusual cases where you MAY be able to get an annulment since you've never lived together.
No, we have not lived together. I left a week after we married, and returned again twice in '07, for 2 weeks each time, to visit. I have not seen her since Dec. '07.

I know where she lives, and am very sure that she is still there. But, she will not respond to any of my attempts to contact her. I'm trying to avoid another expensive trip to China, and/or an expensive divorce process with an attorney. Not too worried about her taking anything from me in a divorce, because I really don't have anything to give unless she wants to assume some of my debt.;)
 

mistoffolees

Senior Member
Thanks for the responses!



No, we have not lived together. I left a week after we married, and returned again twice in '07, for 2 weeks each time, to visit. I have not seen her since Dec. '07.

I know where she lives, and am very sure that she is still there. But, she will not respond to any of my attempts to contact her. I'm trying to avoid another expensive trip to China, and/or an expensive divorce process with an attorney. Not too worried about her taking anything from me in a divorce, because I really don't have anything to give unless she wants to assume some of my debt.;)
You'll probably need an attorney. In the long run, it will likely be less expensive than messing it up on your own.
 

Proserpina

Senior Member
You'll probably need an attorney. In the long run, it will likely be less expensive than messing it up on your own.
Absolutely! OP, listen to mistoffolees - though the chance is very slim, that I-864 could land you in a heap of trouble (in terms of support, etc).
 

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