Mexico Divorce

[TimyMaggie 0]

Finally getting over my fog of depression in the realization that my Mexican wife no longer wishes to join me in the U.S. after getting her visa (don't know the real reason why? Still confused!). My question is are there US Forms I need to file to basically remove myself as her visa "sponsor"? Also, anyone know the best process to get divorced in Mexico while living in the U.S.? I have all the original marriage paperwork, just don't know where to begin.

Thanks in advance for any advice offered, sorry to be such a downer on this great site!

Tim

[justashooter 430]

you were married exactly when?

if you allow this marriage to go 2 years without notifying USCIS that you are divorcing she has a free ticket (10 year card) without you, my friend. then she can divorce you and sponsor the guy she is living with now.

seriously, you need to notify the office to which you originally applied for the visa in writing that you are intending to divorce, and that you have never lived together or comingled assets, etc. something like this:

your name

your address

your USCIS service center address

ATTN: I-130 Visa Recipients Not Yet Entered USA

date

Re: I-130 status of (maybe there is a better way to word this):

wife's name, A #XXX-XXX-XXX (maybe visa number or receipt notice number, some identifier)

Dear Sir or Madam:

I am writing to inform that my immigrant wife and I are separated as of (your date), and that I intend to divorce. On (your date) we filed an I-130 Application with your office. On (your date) she was interviewed in (what city) Mexico, and approved for a visa. To my knowledge, she has not yet entered USA. It is now clear that she has no intent to join me here, and I will forward divorce documents to your office as they become available.

Of course, I cannot allow your office to believe that we are still in an ongoing relationship. If she enters USA on the visa which has been issued it will be a fraudulent entry, as our relationship is terminated, and she is aware of this fact. Since she has not yet entered USA, please consider this letter a formal withdrawl of my I-864 petition.

If there is anything I can do to be of assistance to your process, please feel free to contact me by mail or by phone.

Yours truly,

signature

phone number

[TimyMaggie 0]

Thanks for the quick reply justashooter!

Well we were married in Mexico July 5th, 2008 so it has been over 2 years. She already has her visa and had been here one time to visit me. We had a problem with her daughter's passport that delayed everything and then she just told me she doesn't intend on coming to the U.S. after all. She is currently living in Mexico. I don't really care if she gets a 10 year card without me, I'm just concerned if I am liable for her as her original sponsor if she does end up coming to the U.S. Thanks for the cover letter, that really helps. I'm wondering if I should still send a letter similar to what you posted just to notify them of the situation?

Tim

Oh and I am really looking for any pointers on divorce in Mexico if anyone is familiar with that process. We had a Mexican marriage and hoping it's an easier process than getting divorced in California for example.

Thanks!

Tim

[belinda63 3,038]

Don't know anything about divorce in Mexico but since she has her green card you are on the hook. Divorce does not remove your obligation under the I-864.

[sdw 10]

Has she activated her visa?

[payxibka 10,045]

Has she activated her visa?

He said she was here and then went back...

[JimVaPhuong 4,863]

Thanks for the quick reply justashooter!

Well we were married in Mexico July 5th, 2008 so it has been over 2 years. She already has her visa and had been here one time to visit me. We had a problem with her daughter's passport that delayed everything and then she just told me she doesn't intend on coming to the U.S. after all. She is currently living in Mexico. I don't really care if she gets a 10 year card without me, I'm just concerned if I am liable for her as her original sponsor if she does end up coming to the U.S. Thanks for the cover letter, that really helps. I'm wondering if I should still send a letter similar to what you posted just to notify them of the situation?

Tim

Oh and I am really looking for any pointers on divorce in Mexico if anyone is familiar with that process. We had a Mexican marriage and hoping it's an easier process than getting divorced in California for example.

Thanks!

Tim

I'm a little confused about what kind of visa she got. Your profile says K3, but the timeline in your signature looks like an IR1/CR1 process. Which was it? Did you submit an I-864? If so then you may be on the hook as her sponsor.

I presume she used her visa to enter the US, yes? Did she enter AFTER the two year anniversary of your marriage? Did she get her green card before returning to Mexico? If so, was it conditional or unconditional?

If she got a green card then hopefully she'll stay in Mexico a year or more before trying to come back to the US. Without a reentry permit, her residency will be considered abandoned. That will terminate your obligations as an I-864 sponsor. If her green card is conditional then you should tell USCIS about the divorce.

I don't have any experience with Mexican divorce, but divorce in California is not really very difficult for most people.

[Lia792 5]

Having done a lot of paperwork in Mexico, I infinitely prefer American legal paperwork over Mexican. I don't think you have to get divorced where the marriage took place, but I have no experience in this. You should probably do research into what each one requires.

[justashooter 430]

Having done a lot of paperwork in Mexico, I infinitely prefer American legal paperwork over Mexican. I don't think you have to get divorced where the marriage took place, but I have no experience in this. You should probably do research into what each one requires.

you live in california, so you can divorce in CA. the tricky spot is the notification. you could publish, or you could try to have her served. see a lawyer. in either case, notify USCIS with some letter edited for your particulars.

[TimyMaggie 0]

Thanks for all the helpful replies. Here's a little more info.

I did originally apply for both K3 and CR1 simultaneously. The K3 ended up being the visa she got. I did file an I864. Like I said, she did enter the country one time to visit me for about 10 days less than a year after being married (2009). So her visa has been activated and appears in her Mexican passport. The visa says it expires in June 2011 so it is conditional. From what I remember she will have to file for an "Adjustment of Status" sometime before that expiration. If I have sent letters to USCIS mentioning my intention to divorce I wonder how that could effect her filing for an adjustment of status?

As far as divorce in Mexico, funny enough, I do remember going to one of the Mexican Civil Offices to register our marriage and I remember my wife saying at the time, "Divorce in Mexico is so easy, you just file the forms, pay $400 in fees and that's it." How prophetic! I will have to look into it. I'm not sure how I file for divorce in California if my marriage and all of the paperwork is from Mexico. I think what I mean by the Mexican divorce being easier than California, I am referring to the 6 month waiting period and alimony laws in CA (not so much the actual paperwork itself). Apparently those do not apply in Mexico. Thank God we didn't have any children! I will definitely talk to a lawyer for advice.

Thanks,

Tim

[JimVaPhuong 4,863]

Thanks for all the helpful replies. Here's a little more info.

I did originally apply for both K3 and CR1 simultaneously. The K3 ended up being the visa she got. I did file an I864. Like I said, she did enter the country one time to visit me for about 10 days less than a year after being married (2009). So her visa has been activated and appears in her Mexican passport. The visa says it expires in June 2011 so it is conditional. From what I remember she will have to file for an "Adjustment of Status" sometime before that expiration. If I have sent letters to USCIS mentioning my intention to divorce I wonder how that could effect her filing for an adjustment of status?

As far as divorce in Mexico, funny enough, I do remember going to one of the Mexican Civil Offices to register our marriage and I remember my wife saying at the time, "Divorce in Mexico is so easy, you just file the forms, pay $400 in fees and that's it." How prophetic! I will have to look into it. I'm not sure how I file for divorce in California if my marriage and all of the paperwork is from Mexico. I think what I mean by the Mexican divorce being easier than California, I am referring to the 6 month waiting period and alimony laws in CA (not so much the actual paperwork itself). Apparently those do not apply in Mexico. Thank God we didn't have any children! I will definitely talk to a lawyer for advice.

Thanks,

Tim

Are you sure she got the K3? According to the timeline in your signature, you did all of the processing for an immigrant visa. A K3 is a non-immigrant visa. You wouldn't have paid the AOS fee bill, IV fees, or filed an I-864. Did you continue processing the CR1, and she just ended up getting the K3 interview first? Sorry, I'm just not very familiar with that process.

The visa is valid for two years, and is neither conditional nor unconditional. If it was a K3 then whether or not she would get a conditional or unconditional green card would depend on how long you were married at the time the green card is approved. If it was a CR1 visa then it would depend on when she entered the US. In other words, it depends on how long you've been married when she becomes a permanent resident.

If she has a K3 visa then she can't get a green card without submitting an adjustment of status application. I don't think they would use the I-864 you submitted to NVC. I'm pretty sure they would require another I-864 included with the I-485 package. In any case, until her green card is approved you can withdraw the I-864 you submitted previously. That will stop her chances of adjusting status and getting a green card.

If it was a CR1 rather than a K3 then entering the US should have triggered production of a green card, in which case the I-864 is already binding.

The six month waiting period is exactly that - you just wait six months between filing and being granted a divorce. Alimony is a vestige of the days when a woman who had been a married housewife for many years had little prospect of being able to support herself after divorce, and the husband was obligated to support her for life or until she remarried. Alimony is rarely awarded in California anymore. It has largely been replaced by spousal support, which is not usually awarded in marriages of short duration (less than five years). It's highly unlikely you'll be ordered to pay her anything. You can get help at any courthouse with a DIY divorce filing, or a lawyer should be able to finish it for about $1000, presuming she doesn't come back to the US or hire an attorney to fight it.

[Lia792 5]

From what the US Embassy says, you can't get a divorce in Mexico unless you have been a Mexican resident for at least 6 months:

http://mexico.usembassy.gov/eng/faqs.html#Marriage/Divorce

[TimyMaggie 0]

Hi Jim, thanks for your insight!

It definitely says "Visa Type: K3" on the visa in her Mexican Passport (I have a photocopy of it). I do remember filling my timeline out according to milestones for both processes. I am pretty sure I just continued processing both and it just so happened that the K3 interview was scheduled first. It also says on that visa that it expires June 2011. I will definitely look into withdrawing my I-864 as you suggest, good idea.

Thanks for the advice on the divorce process as well. I believe you're right, we've not been married long and wouldn't expect to pay spousal support. I had been sending her $1500/month for the last two years anyway and have that fully documented. So I can prove that I did support her before and after we were married until when she told me she no longer wishes to come to the U.S.

Thanks again!

Tim

[TimyMaggie 0]

From what the US Embassy says, you can't get a divorce in Mexico unless you have been a Mexican resident for at least 6 months:

http://mexico.usembassy.gov/eng/faqs.html#Marriage/Divorce

Thanks for that link Lia792, very helpful. I guess I'm just confused. Since I was married in Mexico I assumed I would have to get the divorce in Mexico. When I filed my taxes last year I put my Mexican wife on my taxes and she was recognized as my wife as she had just got her visa approved and I got her a gov't ID number (she does not have a SS#). I just found an attorney I can call tomorrow and ask about what I need to do to file for divorce in this case in California.

Thanks!

Tim

[JimVaPhuong 4,863]

Hi Jim, thanks for your insight!

It definitely says "Visa Type: K3" on the visa in her Mexican Passport (I have a photocopy of it). I do remember filling my timeline out according to milestones for both processes. I am pretty sure I just continued processing both and it just so happened that the K3 interview was scheduled first. It also says on that visa that it expires June 2011. I will definitely look into withdrawing my I-864 as you suggest, good idea.

Thanks for the advice on the divorce process as well. I believe you're right, we've not been married long and wouldn't expect to pay spousal support. I had been sending her $1500/month for the last two years anyway and have that fully documented. So I can prove that I did support her before and after we were married until when she told me she no longer wishes to come to the U.S.

Thanks again!

Tim

For pete's sake, do NOT bring this up in your divorce petition! If the judge decides to award spousal support (which is not likely unless she makes a strong case for it) then it will based on maintaining the standard of living each spouse enjoyed during the marriage, and will usually be of a duration equal to half the length of the marriage. You could be ordered to resume paying her $1500 a month for another year. You are NOT required to divulge this information in the petition. If she challenges the divorce then you will be required to submit financial disclosures during the settlement phase, but those disclosures will be about your CURRENT financial situation, and not what you've paid her in the past. Don't bring this up unless she does.

If spousal support becomes an issue (again, it's unlikely) then the point you need to drive home is that the divorce will not result in any significant change to her CURRENT standard of living.