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MihaelaNYS Explorer

MihaelaNYS   10

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Filed: AOS (apr) Country: Romania
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He is complaining she doesn't want to sign anything to give him the divorce.

In case of a separation agreement both signatures are required. Basicaly both partners agree to live apart for a year (under the terms of the agreement, done with lawyers at the table). After that, if none of them want to get back together, it becomes an uncontested divorce on the ground of abandonment and goes on the court's calendar for uncontested divorce (awaiting for the judge's signature). If one of the spouses changes her/his mind then, it can take forever.... I know a case in NYS where they live apart for 10 years now and still no divorce decree...

Another path is settlement (this one requires both signatures too).

If he filed for divorce based on abandonment then he should be able to prove that she abandoned him (she changed address more then a year ago, has no financial ties to him - nothing jointly) if so, how can she contest that ?!

As far as I know, the only way to get a divorce decree in a situation where the defendant is fighting it is to go to trial and let the judge decide.

Otherwise is going to go back and forth between the lawyers, courts, and a pile of papers, a lot of money lost... until the fighting spouse decides to let go...... usualy depends on who gets broke first... :lol:

There is no-fault divorce in NYS. It is very complicated and time consuming to get a divorce decree in a contested divorce situation.

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MihaelaNYS
MihaelaNYS

"To clarify, I want to send USCIS my filing for divorce so that they will refuse to grant her permanent status. Will this work? Will they refuse her application?" - In other words, you want to screw

MihaelaNYS
MihaelaNYS

"...so that they will refuse to grant her permanent status. Will this work? Will they refuse her application?" - Short answer: No. The man obviously wants to screw her status here and is wondering

TBoneTX Grand Master

TBoneTX   45,962

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
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PS - TBoneTX is not an immigration attorney.
Thank god for that.
LOL..............that was kinda mean.........
If I were an immigration attorney, people here would hate me! :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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