Please, can anybody give me information?

[Chibet]

please, does anyone have any information about someone coming from asia, particularly the philipines and getting a divorce here? i've known of some personalities who got their divorce here in the US (particularly in Las Vegas) but am at a loss myself on where to get one. i've been separated for close to two years now (my jealous STBX kicked me out of the conjugal house for one reason or another and i flew to the US out of frustration and met someone else here). over there in my country you can only get a legal seperation, but am not even legally seperated. i'm looking for a court that will grant me such a divorce as i plan to marry here in the US very soon. am in NY now, but i want a quick, divorce and i'm thinking nevada should be a state to apply.....
please, can somebody enlighthen me on this?

thanks lots...

 

[LegalBeagle]

please, does anyone have any information about someone coming from asia, particularly the philipines and getting a divorce here? i've known of some personalities who got their divorce here in the US (particularly in Las Vegas) but am at a loss myself on where to get one. i've been separated for close to two years now (my jealous STBX kicked me out of the conjugal house for one reason or another and i flew to the US out of frustration and met someone else here). over there in my country you can only get a legal seperation, but am not even legally seperated. i'm looking for a court that will grant me such a divorce as i plan to marry here in the US very soon. am in NY now, but i want a quick, divorce and i'm thinking nevada should be a state to apply.....
please, can somebody enlighthen me on this?

thanks lots...

Once you have met the residency requirements, you can file for divorce in your own state.

How was you able to enter the US?.. ie, what visa? Are you a philipine national?

Don't expect this to be quick, could be as long as a year.

 

[Chibet]

thank you so much for the information

thanks for giving me the much needed information...yes, i am a philippine national and i entered the US on a tourist visa. my boyfriend of one year wanted us to get married as soon as it is possible. we've been engaged since march this year and we would have been married last june but i wanted to put everything in order to avoid any complications later on, so the wedding plans were put on hold for the meantime.

my fear, however, is that my STBX (who didn't know i flew to the US and plan to marry here) wouldn't sign the divorce papers just to make my life miserable. and this could pose some problems. this is where i need more help. what are my options if such is the case? can't i file a divorce without him knowing about it?

thank you so much....

 

[LegalBeagle]

Re: thank you so much for the information

thanks for giving me the much needed information...yes, i am a philippine national and i entered the US on a tourist visa. my boyfriend of one year wanted us to get married as soon as it is possible. we've been engaged since march this year and we would have been married last june but i wanted to put everything in order to avoid any complications later on, so the wedding plans were put on hold for the meantime.

my fear, however, is that my STBX (who didn't know i flew to the US and plan to marry here) wouldn't sign the divorce papers just to make my life miserable. and this could pose some problems. this is where i need more help. what are my options if such is the case? can't i file a divorce without him knowing about it?

thank you so much....

This is where you need to retain an attorney. To proceed with a divorce of this nature requires certain procedures to be followed. One small mistake and the whole thing will be thrown out. You can continue without his 'permission', but informing the courts that you have no idea where hubby is and trying to continue without him knowing is fraud. It means hubby could cause problems for you in the future.

What is more of a concern for you is the INS. Your visa is going to expire before this is completed. Getting married when on an expired visa after processing a divorce will set the red lights off at the INS office. Also, if you do not complete this divorce correctly, then even in 10 years time, your husband could send evidence to the INS that the divorce was based on fraud and they could revoke your visa (based on fraud on your application) and deport you home.

 

[Chibet]

And this worries me a lot...

that is precisely why i want a quick divorce, to enable me to get married before my visa expires....time is of extreme essence and this is where i need help so badly. i'm very worried and so is my boyfriend.

if i can "continue" with the divorce proceedings and then him not signing the papers and not giving me the divorce later on would be an exercise in futility, don't you think so? he really can make my life miserable and this is where more problems comes in.

please, any suggestion, advice, enlightenment or whatever? any options that i can take? place where i can go?

again, thank you so much and more power to you!

 

[LegalBeagle]

Re: And this worries me a lot...

that is precisely why i want a quick divorce, to enable me to get married before my visa expires....time is of extreme essence and this is where i need help so badly. i'm very worried and so is my boyfriend.

if i can "continue" with the divorce proceedings and then him not signing the papers and not giving me the divorce later on would be an exercise in futility, don't you think so? he really can make my life miserable and this is where more problems comes in.

please, any suggestion, advice, enlightenment or whatever? any options that i can take? place where i can go?

again, thank you so much and more power to you!

Again, you do not *need* his permission. You just have to ensure every effort is made to serve him papers and give him an opportunity to respond. This however is a long process if he objects. Yes, you still can divorce, but it takes time.

The other problem you *may* face is that you are on a tourist visa. A court may find that you can not proceed with a divorce since you, by the conditions of your visa, are not allowed to become domicile or set up residency in the USA.

Not the advice you want to hear.. but either way you turn, your not going to find any easy legal way to get this done quickly.

 

[Chibet]

So, please, what am i supposed to do?

thanks lots....so, please, what am i supposed to do now? are there no options left for me?

any sound advice which can help me out? i would greatly appreciate it if someone can tell me what to do.

thank you and have a nice day!

 

[LegalBeagle]

Re: So, please, what am i supposed to do?

thanks lots....so, please, what am i supposed to do now? are there no options left for me?

any sound advice which can help me out? i would greatly appreciate it if someone can tell me what to do.

Sound advice?.. no.. but as I see it, your only option is to retain that attorney, file for divorce, hope that a court recognizes your residency in your state, grants your divorce and then for you to marry your boyfriend.

All that above and the filing of the Spousal Immigration papers before the INS finds and deports you.. and then, hope the INS does not reject your petition and deport you anyway.. because I am pretty sure your US divorce would not be legal in your own country so you would still be married.

Your first course of action should be to discuss your residency issue with an attorney.

 

[Chibet]

thanks lots...

yes, i guess that's what i have to do, retain a lawyer and proceed from there on.

thank you very much and have a nice weekend.