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Seth ♥ Line

How to get divorce in California, America?

By Seth ♥ Line in Effects of Major Family Changes on Immigration Benefits

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Seth ♥ Line Explorer

Seth ♥ Line   2

Posted
Filed: K-1 Visa Country: Cambodia
 Timeline
Posted

Hey to all my VJ friends :)

Today I would like to ask some advices from all you guys (specially people live in California) to help my friend divorce case.

She is Cambodian who has been married to American husband for 5 years already and they get one daughter together, but from time to time he started to change from good to bad, from a very gentle man to a very cruel man. He never beat her but he has talked so bad to her and he is so mean to her and their small daughter.

As now she is in Cambodia with her daughter to visit her family, and she wants to divorce with him when she goes back to America, but she does not know what she has to do to get divorce with him and to get her daughter.

Please all my friends here give me your ideas then I will forward your helpful information to her.

Note:

1. She has no job (only salary from government)

2. She does not know about law in America (her husband never bring her to anywhere either)

3. She already had her 10 years green card (her parents sent money from her home country to her to apply for green card)

Thanks alot in advance for your comments :)

GlobeHopperMama Collaborator

GlobeHopperMama   95

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Mexico
 Timeline
Posted

If she has no idea of how the law works in the US and has nobody knowledgeable to help her, she probably needs to find a lawyer or legal-assistance service to guide her. Is there a strong Cambodian or S.E. Asian community near where she lives in California? Or even an immigrant community (it's California, I'm guessing yes!). There may be resources targeted towards immigrants in that area, and they can provide links to good legal assistance.

In the meantime, this site might help with researching the overall process:

http://www.courts.ca.gov/selfhelp-divorce.htm

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

If it's an uncontested divorce, it's not terribly difficult. I did my own, in California, with the help of a $20 book. The most significant cost is in the initial filing, but there is a possibility of getting reduced fees if she qualifies.

If he's going to contest the divorce, she can still get help at the courthouse, but she'll probably need legal aid of some kind. I wouldn't recommend trying to do a contested divorce on her own.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

TBoneTX Grand Master

TBoneTX   45,910

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

*** Thread moved from General Immigration Discussion to Effects of Major Changes forum. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

khwaidee1 Rising Star

khwaidee1   196

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

I don't know where in Calif your friend is but, she could try these if she's in the Southern California area. A lot of Khmer in Long Beach.

Cambodian Association of America

2501 Atlantic Avenue

Long Beach, CA 90806

(562) 427-6162

Kambodian Pro-legal Service

1360 E Anaheim St Ste 209

Long Beach, CA 90813

(562) 599-1440

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

1. She has no job (only salary from government)

If she has no job, how can she have a "salary" from the government?

2. She does not know about law in America (her husband never bring her to anywhere either)

3. She already had her 10 years green card (her parents sent money from her home country to her to apply for green card)

They do not qualify for an uncontested divorce, called a "summary dissolution" in California. They've been married more than five years, and they have a child as a result of the marriage. They need to go through the full divorce process.

The biggest issue is likely to be the settlement phase. Five years of marriage in California is long enough to persuade a family court judge to issue an order of spousal support. If he's working and she's not then the spousal support order could be a substantial chunk of his pay. If she gets custody of the child then add another 20% of his income that he's going to end up paying. There's also the issue of any assets acquired during the marriage.

I'm not advocating for her husband here. I'm saying that because he has a substantial chunk of his monthly income to lose that he'll almost certainly hire an attorney. If he goes to court with an attorney and she doesn't then her husband's attorney is going to walk all over her.

She needs a divorce attorney.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

They do not qualify for an uncontested divorce, called a "summary dissolution" in California. They've been married more than five years, and they have a child as a result of the marriage. They need to go through the full divorce process.

I promise, I was married more than 5 years, had 2 kids, and had an "uncontested divorce" in California. Completed the whole thing by mail and 1 trip to the courthouse only to file papers. Never saw a judge. I'm pretty sure "uncontested divorce" and "summary dissolution" are two different things. You can get an uncontested divorce without an attorney. It might be very advisable to have one, but it is possible to do it without one.

Edited by DandT14

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

 
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