USC want to divorce, spouse is out of country

[Rinaprincess 0]

hi guys!

i am so stress out lately about i go about to get my ex-huband to get serve since he is out of country. Before i filed divorce i had notified USCIS once. And when i filed divorce, i had notified USCIS again and state that he want to use me for green card. But i did not notified ICE. Anyway, i hired a divorce to do the job for me. At first the sent to divorce paper to the address that i gave them but found out that the packet return back. Then i found out from a friend that he went to his country i wasn't sure whether he goes for visit or plan to live there because we never contact each other. So the lawyer sent to packet again to his country. But nothing got back whether he receive it or not. The court date keep on reschedule month after month and I hate it. Now the lawyer has no other to get him so he ask me to find a constable to go to his house in his country to get him serve. For me, i am usc and i lived all my life and i have no idea to go about it. Also i feel that this is the lawyer job to hunt for him and get him serve not me. The lawyer say if advertise, it is going to be expensive. i am lost now. i hired him to do the work and now they ask me to do the work instead.

my question what i should do now, i was thinking contact the ICE, he come back to US. they will notify me and have him serve here. i am sure he will come back to U.s because he only have conditional green card. He been out of country for 5 months now. If he is out over 6 months, will he be out of status?

Edited January 29, 2011 by Rinaprincess

[Inky 1,110]

ICE wont contact you if he comes back, they wont really do anything cept for make a file on him and you will need to provide them proof that he used you just for the green card. IF he comes back then they may do something.

A lawyer is not the person who chases people down to serve them. They only fill out papers and write up terms etc. You would need to get someone to serve him in that country that is over 18 or hire a professional process server to do it.

Check the laws of your state, can you not divorce him in absentia?

[NigeriaorBust 4,087]

Most states make a provision for "service by public notice" you must post an ad in the classified section of the newspaper usually that you are divorcing and that he may pick his papers up at your lawyers office. The exact wording and posting requirements vary a bit by state. You normally have to post in the official newspaper at the last known residence for the missing party.

[coraliesolms 47]

With that many returns of the paperwork, you should be able to file for divorce in absentia. Basically that means exactly what you are going through. One party wants a divorce and cannot locate the other. If you have proof (return to sender stamps on the envelopes) that you tried to get the papers served to him, then you should be granted a divorce even without him being present.