NEVADA DIVORCE(not a CA Resident)

[carl_s 0]

Hello my name is Carl, my wife and I are physically separated for almost a year now. We are both residing in California. And we both agreed to file a divorce next month. Here is the thing, i have spoken to a friend who offers me to do Nevada Divorce to get the final decree faster and easier. She said you can do it eventhough you are not a current resident of Nevada, all i have to do is sign and wait for less than 3 weeks for the decree to be issued. I think what they do is to have the court believe that either one of us(spouse) is a resident of Nevada by putting a dummy address and have somebody sign a affidavit that justify the residency. The problem is, i am so confused because i am planning to petition my gf for K-1 Visa early next year and worried that if ever i do this Nevada Divorce thing, USCIS will have a problem with the divorce papers. Have anyone heard about this case before, the USCIS questioning the divorce decree? Will they ask for more evidence that either of us became a resident of Nevada? Thank You. :bonk:

[SuperDuper! 230]

You are implying that you are contemplating a fraudulent act and asking advice here for it.

This will NOT go over well with the owner of this site.

So don't do it here.

[carl_s 0]

Thanks for your quick response. All am asking is an information about the case. For sure, many here are aware of such.

[demarvell 4]

I don't know about California, but here in Idaho, you can file an uncontested divorce, online, for 149 dollars. after you pay your filing fee at the courthouse you will wait 20 days, come back, sign some papers, and you are divorced. easy as that. No stinking liyers need to be involved. especially if no kids or property is involved.

Jim

[carl_s 0]

Thanks Jim, does USCIS asks for divorce evidence when in the future i want to file for K-1 visa for my GF?

[JimVaPhuong 4,863]

Hello my name is Carl, my wife and I are physically separated for almost a year now. We are both residing in California. And we both agreed to file a divorce next month. Here is the thing, i have spoken to a friend who offers me to do Nevada Divorce to get the final decree faster and easier. She said you can do it eventhough you are not a current resident of Nevada, all i have to do is sign and wait for less than 3 weeks for the decree to be issued. I think what they do is to have the court believe that either one of us(spouse) is a resident of Nevada by putting a dummy address and have somebody sign a affidavit that justify the residency. The problem is, i am so confused because i am planning to petition my gf for K-1 Visa early next year and worried that if ever i do this Nevada Divorce thing, USCIS will have a problem with the divorce papers. Have anyone heard about this case before, the USCIS questioning the divorce decree? Will they ask for more evidence that either of us became a resident of Nevada? Thank You. :bonk:

There are some circumstances where you can file for a divorce in Nevada, even though neither the petitioner nor the respondent are currently residents of Nevada. Those circumstances mostly concern scenarios where the last place the petitioner and respondent lived as a married couple was in Nevada. Other than that, the petitioner and/or respondent must have been a resident of Nevada for a minimum of six weeks prior to filing.

If neither you nor your wife ever lived in Nevada, or the circumstances described above do not apply to you, then a divorce obtained by "resident agent" would not be legal. If there are actually agencies who perform this service for a fee then I would guess that USCIS is aware of them, and may decide to probe a little deeper to determine if your divorce is valid.

USCIS WILL require a certified copy of your divorce decree when you file the I-129F petition.

Even worse would be if USCIS accepted the divorce decree as valid, but it turns up AFTER your fiancee comes to the US and marries you that your previous divorce was invalid, then your current marriage would ALSO be invalid. It would REALLY suck if they threw this up in your face at the AOS interview, denied your new wife's AOS on that basis, and now you're stuck trying to get a REAL divorce while your non-Wife is not only out of status, but did not technically comply with the 90 day marriage requirement. You might not be able to clean up the mess you'd made before they deport her.

If it were me, I wouldn't risk it. Get a legal and valid divorce.