Divorce a Egyptian

[LaShelle 0]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

[Identity 0]

You had better contact the Department of Homeland Security, as an additional measure.

[Jaylen Brit 0]

I'm not sure it matters WHERE you married- AFAIK you can instigate proceedings to terminate the marriage in the US the same way you would if you had married in the US - providing you have all the documentation relating to the marriage.

You should consult an attorney (you can get a consultation without retaining the attorney initially to explore your options).

Have you filed a missing person's report on your husband? You may be able to track him down that way - unless of course you do not WANT to track him down? I am assuming you believe he is still IN the US, and has not returned to Egypt?

[desert_fox 32]

divorce him in hte state where you live.

You need to know where he is to have him served.

[Anyta Holland 1]

I would get a divorce lawyer with some immigration experience as well and explore my options...

Also, I would get in touch with DHS and explain what has happened...

[Ban Hammer 13,491]

walk like an egyptian.....

[diadromous mermaid 36]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

File suit in your state using the last known address is you have it. A party can secure a default judgment if the opposing party fails to answer the complaint. The onus is on the petitioning party to make "service of process" upon a Defendant. Typically, although the rules may vary relative to state, the Court cannot proceed in a case until a Defendant has been made aware of the claim. These documents give the defendant notice that the lawsuit has been filed and what the plaintiff is seeking. "Service" can be made by public notice. In the event that no last address is available a court may permit service by publication. The lawsuit is announced by publishing in a newspaper of general circulation, but essentially this type of service is only allowed in cases involving property and status, such as divorce where only matters relating to the division of property needs to be addressed, but if there are custody or support issued to be resolved, then those cannot be decided until and unless personal service occurs.

Beyond the divorce, think about the Affidavit of Support as well. You may wish to consult an immigration attorney before taking a step.

[sparkofcreation 0]

divorce him in hte state where you live.

You need to know where he is to have him served.

Depends on the state. In some states, if you don't have an address, you can publish a notice in the newspaper instead.

In the event that no last address is available a court may permit service by publication. The lawsuit is announced by publishing in a newspaper of general circulation, but essentially this type of service is only allowed in cases involving property and status, such as divorce where only matters relating to the division of property needs to be addressed, but if there are custody or support issued to be resolved, then those cannot be decided until and unless personal service occurs.

Again, depends on the state.

Honestly, the best place to ask would be at the Family Court in your county (or vicinage, or district--depends on the state you're in), not on VisaJourney, because it does vary by state and sometimes by county/vicinage/district.

Edited June 25, 2006 by sparkofcreation

[babybunny 2]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

correct me if I am wrong people!!!!!

but, once she file for divorce and it is final - the walking egyptian becomes overstay- right?

this would be good news for the OP then - the egyptian walking dude would get Deported? coz

he is on K-3. < unless she AOS> I guessing she did not AOS.

Edited June 25, 2006 by shonjaved

[sparkofcreation 0]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

correct me if I am wrong people!!!!!

but, once she file for divorce and it is final - the walking egyptian becomes overstay- right?

this would be good news for the OP then - the egyptian walking dude would get Deported? coz

he is on K-3. < unless she AOS> I guessing she did not AOS.

No. There are about a dozen steps before deportation. Roughly, first he could apply for AOS anyway, then that would be denied, then he would fall out of status, then they would notify him he was out of status, then he would have the opportunity to correct status, then that would be denied, then he would appeal, then he would have a hearing, then they would ask him to leave voluntarily, then he would appeal that, then they would enter a deportation order, then they would ask him to turn himself in, then if he didn't they'd put a hold on him, and then if he ever got arrested he'd be transferred to ICE custody and physically deported. All that assumes that everything goes against him at every stage of the proceeding.

It's not that easy to deport someone who's out walking free.

[babybunny 2]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

correct me if I am wrong people!!!!!

but, once she file for divorce and it is final - the walking egyptian becomes overstay- right?

this would be good news for the OP then - the egyptian walking dude would get Deported? coz

he is on K-3. < unless she AOS> I guessing she did not AOS.

No. There are about a dozen steps before deportation. Roughly, first he could apply for AOS anyway, then that would be denied, then he would fall out of status, then they would notify him he was out of status, then he would have the opportunity to correct status, then that would be denied, then he would appeal, then he would have a hearing, then they would ask him to leave voluntarily, then he would appeal that, then they would enter a deportation order, then they would ask him to turn himself in, then if he didn't they'd put a hold on him, and then if he ever got arrested he'd be transferred to ICE custody and physically deported. All that assumes that everything goes against him at every stage of the proceeding.

It's not that easy to deport someone who's out walking free.

he would be overstay right? - he could apply for AOS by himself?

[sparkofcreation 0]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

correct me if I am wrong people!!!!!

but, once she file for divorce and it is final - the walking egyptian becomes overstay- right?

this would be good news for the OP then - the egyptian walking dude would get Deported? coz

he is on K-3. < unless she AOS> I guessing she did not AOS.

No. There are about a dozen steps before deportation. Roughly, first he could apply for AOS anyway, then that would be denied, then he would fall out of status, then they would notify him he was out of status, then he would have the opportunity to correct status, then that would be denied, then he would appeal, then he would have a hearing, then they would ask him to leave voluntarily, then he would appeal that, then they would enter a deportation order, then they would ask him to turn himself in, then if he didn't they'd put a hold on him, and then if he ever got arrested he'd be transferred to ICE custody and physically deported. All that assumes that everything goes against him at every stage of the proceeding.

It's not that easy to deport someone who's out walking free.

he would be overstay right? - he could apply for AOS by himself?

He could try. Darn near impossible to do (much harder than lifting conditions by oneself), but he could try. I forget the exact mechanism to do so, maybe it's not by the I-485. I know someone on here (Shona?) was in a situation where she left her husband before her AOS was approved, and was filing to stay anyway. I don't know the details, but there are definitely ways to stay--not saying he'd be successful, but it is possible to do. Or he could try to find an employer to sponsor him, or something.

He would not be an overstay if he applied for AOS (or whatever) before his time limit to do so was up. I don't know when his K-3 validity ends (not necessarily the same as when the visa expires) but he'd only be an overstay if he didn't have some other petition pending when it ended. The NOA-1 extends status.

Edited June 25, 2006 by sparkofcreation

[babybunny 2]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

correct me if I am wrong people!!!!!

but, once she file for divorce and it is final - the walking egyptian becomes overstay- right?

this would be good news for the OP then - the egyptian walking dude would get Deported? coz

he is on K-3. < unless she AOS> I guessing she did not AOS.

No. There are about a dozen steps before deportation. Roughly, first he could apply for AOS anyway, then that would be denied, then he would fall out of status, then they would notify him he was out of status, then he would have the opportunity to correct status, then that would be denied, then he would appeal, then he would have a hearing, then they would ask him to leave voluntarily, then he would appeal that, then they would enter a deportation order, then they would ask him to turn himself in, then if he didn't they'd put a hold on him, and then if he ever got arrested he'd be transferred to ICE custody and physically deported. All that assumes that everything goes against him at every stage of the proceeding.

It's not that easy to deport someone who's out walking free.

he would be overstay right? - he could apply for AOS by himself?

He could try. Darn near impossible to do (much harder than lifting conditions by oneself), but he could try. I forget the exact mechanism to do so, maybe it's not by the I-485. I know someone on here (Shona?) was in a situation where she left her husband before her AOS was approved, and was filing to stay anyway. I don't know the details, but there are definitely ways to stay--not saying he'd be successful, but it is possible to do. Or he could try to find an employer to sponsor him, or something.

He would not be an overstay if he applied for AOS (or whatever) before his time limit to do so was up. I don't know when his K-3 validity ends (not necessarily the same as when the visa expires) but he'd only be an overstay if he didn't have some other petition pending when it ended. The NOA-1 extends status.

ohhhh wowow. I did not know this. thanks for sharing!

[maria_b84 0]

I need some answers on how to divorce. I was married to a Egyptian in Cairo, Egypt. Now he is in the USA on a K3 visa. (which expires Jan 2007) I have not seen him since July 2005 and have no clue where he might be. I want to complete a divorce but not sure what steps to take because the marriage took place in Egypt. Anyone with information will be most helpful.

correct me if I am wrong people!!!!!

but, once she file for divorce and it is final - the walking egyptian becomes overstay- right?

this would be good news for the OP then - the egyptian walking dude would get Deported? coz

he is on K-3. < unless she AOS> I guessing she did not AOS.

No. There are about a dozen steps before deportation. Roughly, first he could apply for AOS anyway, then that would be denied, then he would fall out of status, then they would notify him he was out of status, then he would have the opportunity to correct status, then that would be denied, then he would appeal, then he would have a hearing, then they would ask him to leave voluntarily, then he would appeal that, then they would enter a deportation order, then they would ask him to turn himself in, then if he didn't they'd put a hold on him, and then if he ever got arrested he'd be transferred to ICE custody and physically deported. All that assumes that everything goes against him at every stage of the proceeding.

It's not that easy to deport someone who's out walking free.

Bad thing......they should get his as*

Maria

[sparkofcreation 0]

No. There are about a dozen steps before deportation. Roughly, first he could apply for AOS anyway, then that would be denied, then he would fall out of status, then they would notify him he was out of status, then he would have the opportunity to correct status, then that would be denied, then he would appeal, then he would have a hearing, then they would ask him to leave voluntarily, then he would appeal that, then they would enter a deportation order, then they would ask him to turn himself in, then if he didn't they'd put a hold on him, and then if he ever got arrested he'd be transferred to ICE custody and physically deported. All that assumes that everything goes against him at every stage of the proceeding.

It's not that easy to deport someone who's out walking free.

Bad thing......they should get his as*

Maria

Yeah, too bad we have that thing called the Constitution that guarantees due process...