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.
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)?
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.
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)?