Divorce

[Maggie D 0]

Hey guys. So...my husband & I got married in India, he is from India. We got married in Ludhiana, Punjab, India in April 2010, & I went back to South Korea to finish my work for 2 months then came back & lived in India from June 2010 to March 2011. In March 2011, I left him to come back to the States b/c of abuse. I waited b/c GOd told me to wait & I believe God wanted to give my husband the chance to change.

When I moved back to Texas in December, it was like I literally WOKE UP. I started going to counseling & the counselors have told me that my husband will just continue to get worse b/c he is not willing to change & doesn't see that he is abusive...what can I do in this situation? I have called some lawyers who "help battered women," but the response I got is that my husband's plane has to literally "touch down" in America for Texas to have "jourisdiction" over him, & that maybe I should "go back to Illinois" or "go back to India" to get a divorce. I cannot go back to India, & I cannot have my husband come to me! It is too dangerous. I don't know what he'd do to me...

My questions are these:

1.) Does anyone know if I have to go back to India to get divorced or how I can divorce my husband legally, internationally, for cheap or on a payment plan?

2.) Does anyone know of the laws pertaining to this?

3.) Should I cancel his applicaton for the visa (we are currently on the 2nd part of his spousal visa - which is after the I130, the "Affadavait of Support" part), or should I wait til this divorce is final? If he has to come to America to get the divorce, maybe I should do that.

Thanks ya'll!

[Penguin_ie 5,996]

Yank the afidavit of support now. Is your case at NVC? Call them and tell them you do not wish to proceed. Follow up with a letter saying so, and outlining reasons why. Also send a copy of the letter to the embassy just in case the file has left NVC, and also in case he finds another USC.

You can divorce him in absentia. It lengthens the process but is possible- the details will depend on your state, usually you need to make an attempt to serve him, maybe put an ad in the newspaper.

[LIFE'SJOURNEY 970]

The answer to Question #3 is YES cancel the spousal petition.

[patient2010 93]

I hope things workout for you

[Darnell 8,479]

Yup - Penguin IE has the gist of it.

I like lists, though - so here's mine.

1. [immigration] If you've not submitted the I-864, don't.

2. [immigration] If you've submitted the I-864, withdraw it via postal letter to NVC

3. [Divorce] File for Divorce in Texas. Get to yer county courthouse, find the clerk of the court that handles divorce paperwork intake, ask her for the TEMPLATES for the divorce documents or ask her to point you to the Librarian that runs the County Court Library. Divorcing in Texas via abstentia is allowed, but there's another name for it 'waiver of appearance'. You'll need his signature on an appearance waiver at some point - but is easist to get it in when ya first file; otherwise you'll be waiting a bit. Divorced is Divorced, doesn't matter where on the planet

[jojolicious 38]

Definitely cancel the petition. (Abuse escalates and it's hard to get away from. You are in an ideal situation since you both aren't in the same country right now. Don't give up this advantage)

Get a divorce. (I know some people either file the paperwork themselves or use a paralegal to help them draft the documents which is cheaper than an attorney)

Continue counselling and reach out to your close family and friends. A support system is going to be very important as you make these major decisions.

I wish you all the best. I'm so glad you realised the situation you were in and that you took steps to getting yourself out.

[Ban Hammer 13,485]

thread moved from ot to this forum as this is a more appropriate forum on the topic.

[VanessaTony 3,567]

My questions are these:

1.) Does anyone know if I have to go back to India to get divorced or how I can divorce my husband legally, internationally, for cheap or on a payment plan?

2.) Does anyone know of the laws pertaining to this?

3.) Should I cancel his applicaton for the visa (we are currently on the 2nd part of his spousal visa - which is after the I130, the "Affadavait of Support" part), or should I wait til this divorce is final? If he has to come to America to get the divorce, maybe I should do that.

1. You can divorce him from Texas if that's where you live. It will be legal in worldwide.

2. You will need a lawyer. Typically if he's not around and you can't send him the divorce papers then you need to put a notice in the paper.

3. You should pull your I-864 IMMEDIATELY. You need to let USCIS know that you're withdrawing your I-130 as well. You need to follow it up after you have to make sure it's withdrawn properly.

DO NOT wait until the divorce is final. It could take too long. You don't need to be divorced to pull your support. I would inform them of the abuse just in case he tries to get someone else to petition him so they're aware of his history.

[Kindly Waiting 2]

Cancel the petition. If he is not here he can not hurt you. Also, he does not have to be in TX for you to file for divorce. You must establish residency in TX in order to file here. He will be served and that will be the proof needed to show that he was made aware of the pending court action. He can then hire an attorney in the US or send his reply. The TX Bar Association also does pro bono work. He DOES NOT need to be in TX for jurisdiction.

[Darnell 8,479]

Heya Maggie - any news?