very confused,please help

[mgtdg 0]

A friend of mine,ask my advice what possible option she could make about her and her husband.She left US 3 years ago,they got no kids.She simply ask what to do on her life since her husband dont pay for divorce or file to divorce.She leave US voluntarily,she got no greencard or anything for her to go back..She worry what to do.Her husband dont support here or help her....Your replys are waited.

[meowmeowmeow 1]

what does she want to do? get divorced? get remarried? get the green card back?

[JimVaPhuong 4,863]

A friend of mine,ask my advice what possible option she could make about her and her husband.She left US 3 years ago,they got no kids.She simply ask what to do on her life since her husband dont pay for divorce or file to divorce.She leave US voluntarily,she got no greencard or anything for her to go back..She worry what to do.Her husband dont support here or help her....Your replys are waited.

First, she's been out of the US for 3 years. Any legal status she had in the US would no longer be valid. Unless her husband is willing to cooperate (which it sounds like he's not), it's not likely she is ever going to return to the US on the basis of that marriage.

Her husband is not required by any law in the US to file or pay for a divorce. Unless there is a court order for spousal support, he's also not required by any law in the US to support his wife. The I-864 affidavit of support would require him to support her, but I suspect he didn't sign an I-864 if his wife doesn't have a green card. Even if he did sign an affidavit, it would have expired when she lost her legal status in the US.

At this point, about all she can do is try to get a divorce and move on with her life. If they were married in the Philippines then she could seek an annulment there. If she was married in the US then she might need to hire an attorney in the US to file for the divorce on her behalf. Once the divorce is granted in a US court, she can go to court in the Philippines to have the divorce recognized there.

I have heard, anecdotally, about a case where a Philippine wife was given a visitors visa on the basis that she had to attend divorce proceedings in the US. In that case, she already had a divorce attorney in the US, the divorce petition had already been submitted to the court, and a trial date had been set. She wanted to testify at her divorce trial. She managed to get a 5 year order of spousal support at the trial. However, she had been married to her US citizen husband for 10 years, and had returned to the Philippines two years before the divorce. Courts rarely grant spousal support in cases of short marriages (less than 5 years, or so).

[justashooter 430]

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At this point, about all she can do is try to get a divorce and move on with her life. If they were married in the Philippines then she could seek an annulment there. If she was married in the US then she might need to hire an attorney in the US to file for the divorce on her behalf. Once the divorce is granted in a US court, she can go to court in the Philippines to have the divorce recognized there.

she may already be divorced, and not know it. if she has any friends in the area where she was married they can go to the local courthouse and ask at the records office if a divorce case had been decreed in the past 3 years, using the names of the individuals. if so, a lawyer should be involved to give credibility to the chain of documentation in getting a copy to the phillipines.

[RDDIXON 0]

she may already be divorced, and not know it. if she has any friends in the area where she was married they can go to the local courthouse and ask at the records office if a divorce case had been decreed in the past 3 years, using the names of the individuals. if so, a lawyer should be involved to give credibility to the chain of documentation in getting a copy to the phillipines.

He might have divorced in another state.... and might not have too.

[newlyweds 0]

Maybe you can just have her call the local office in her husband's state.. this is a sad story.. I hope she'll be alright