Divorcing an Illegal Canadian in the USA

[mcdode 0]

I married a Canadian citizen back in 2010. She came here to the US all the time on a Visitors Visa prior to our marriage. We never filed any immigration and her passport expired etc over a year ago. She now has crossed the border and wants a divorce. Her mother who has a green card and her step father who is a US citizen live in the USA and have a business here and starting another of the same business in Alberta in the way of using his import export license to cover his you know what in Canada. I sent my wife to the NFR Rodeo in Las Vegas last month to visit her Mom and Dad and basically work the show illegally for money. She was talked in by her mother to move back to Canada and get a divorce. Now she is in Canada and I am in the USA. She kept her maiden name and we never changed that on the marriage license either if that matters. She has told me she can come and go back and forth to the USA because a few weeks ago she updated her passport. I know for a fact she did not tell them she was living in the USA for over 3 years and married for 2 1/2 years. She told me if I wanted to stay with her I had to move to Canada well that’s not an option nor do I want to. So now she has asked me for an address to send divorce papers. I want to file for a divorce in the USA since the marriage was in the USA. I don’t care if I ever see her again but how is it possible for her to come and go across the border after basically living her illegally? I was told she couldn’t return to the USA for 10 years and also what do I need to file for a divorce. I basically want her to stay there because she threatens to ruin the same business I had prior to marriage but then started another as a partnership which in turn I told her if she does I will do the same to her parents business since she was paid under the table and have started their same business in Canada using her step dad as a silent partner with an import export license. I do not want this entire BS to happen at all with the business side. I just want a divorce and want her to stay there and not be able to come back here. What advice or help can anyone give me. I want this done and over with ASAP.

Thanks

[TBoneTX 46,304]

*** Thread moved from Off Topic to General Immigration Discussion -- topic is not a "major change" in OP's own status (USC); is not truly off-topic because some questions are immigration-related. ***

[milimelo 4,572]

If you know which POE she uses to cross into the US, you could contact POE with her details - name, DOB, POB, passport # previously used and tell them she overstayed by 3 years and could try to enter again with a new passport (misrepresentation). It's called poison pen letter and sometimes it's acted upon - no guarantees though.

For divorce, if you don't know where she lives, divorce by publication should work. Google divorce by publication in "your state".

[Krikit 1,165]

Let it go. Don't forget that you participated in these activities also. Get a divorce and move on.

A Canadian citizen's status in the USA is duration of stay. The count on the overstay days only begins when an Immigration Judge has made a ruling. She has not gone before an IJ so she has no overstay accumulation.

[Ms Hogan 295]

She can come and go as she pleases as long as they let her in each time. As Canadians we are not required to have a visa as long as we are visiting for no more than 6 months at a time and the officer at the border grants us that permission to visit. They have no way to know she overstayed because they don't track when people leave the country.

[Villanelle 4,122]

Well the poster above answered your question. Canadians dont need visas. They have no record she overstayed.

You are very bitter. Not only do you want a divorce, but you want her barred from ever being able to enter the US again and to 'stay in Canada'- even though her family is in the US, and you want her to cut out any involvement in the same business field as you whether its in the US or Canada.

You also say you want a divorce, but that she asked for an address where she can serve you with divorce papers from Canada and you refused? Because you want the divorce to be done in the US?

You need to let go of some of your anger. Get over the fact thats theres nothing you can do about preventing her from entering the US as she wishes and count your blessings that you dont have children together and you didnt file any immigration paperwork together that would have put you on the hook financially for her for the next 10 years or helped her obtain a GC or citizenship.

Google divorce laws for Canada and see how they differ from divorce laws in your state and see if your blind stubbornness is valid. If its not consider letting it go and have the divorce done through Canada. If youre stubbornness is valid and the laws do vary greatly and not to your advantage, research what you need to do to file for divorce in your state when your spouse lives in another country. Its not that hard. If you cant find the info online, or call the clerk and ask. They have provisions for that because it does happen.

[Krikit 1,165]

If you know which POE she uses to cross into the US, you could contact POE with her details - name, DOB, POB, passport # previously used and tell them she overstayed by 3 years and could try to enter again with a new passport (misrepresentation). It's called poison pen letter and sometimes it's acted upon - no guarantees though.

It is not misrepresentation to renew an expired passport.

[mcdode 0]

Well actually no one can just come and go as they please. Canadians do have a Visitors Visa Hence "Visitor" that allows them to come to US for at least 6 months then they have to cross back. Well if you are coming here from Canada to marry a US Citizen and cross the border and get married while you only carry a Visitors Visa is misrepresentation. Now if that person is married and crosses over to Canada under that 6 month period then crosses back over a few days later and returns to USA because she is now residing there is Misrepresentation. First off if you are crossing the border with the proper Visa and the intent to stay illegally in the US is Visa Fraud. Before we were married she should of went back to Canada apply for the K-1 Fiance Visa and then Crossed over. One may not enter the U.S. as a non-immigrant with the intent to live in U.S. permanently. The K-1 visa avoids the risk of being denied entry to the U.S. or worse The K-1 visa permits a fiance to enter the U.S. as long as the marriage takes place with in 90 days of entry. The visa may not be extended and you have to marry with in 90 days. The applicant may work in the U.S. during the 90 day period. Immediately after the marriage, the couple may file the green card petition, form I-130 and the adjustment of status petition I-485 with INS First, if you pose as a tourist (whether with a visa or on the VWP) with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily -- and then leave. They are not for people who plan to marry and live happily ever after in the United States. You must remember that coming to the US with the sole intention of getting married in the US and filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they feel has committed visa fraud. There wasnt any immigration papers filed here and the Passport expired 2 years prior to her leaving. Of course Canada is going to renew her passport and let her back in. She never took my last name so there are no flags there. Yet upon return and with Divorce papers filed INS will be imformed. Where does Husband live? USA where does Wife live now? Canada. Is Wife a US Citizen? No Do you have proper documentation of marriage and immigration? No Ding Ding Ding. When all said and done Visa Fraud was committed and She will face a Ban on re-entry into the US of 10 years to life. This is something that Homeland Security doesnt mess around with. But thanks to her mother she has control back of her daughter and her daughter my wife didnt believe me that she could face a ban. They knew about the 2 year law because if you divorce within 2 years of marriage she is deported and may face a ban. So it was 2 Years and 4 months she leaves. So basically the EX Stripper Mother from Toronto wins in her mind yet is going to destroy her daughters life wether she is with me or not. She wont be coming back to the states with them ever. END OF STORY. FILING MYSELF TIRED OF WAITING FOR HER! You cant argue anything above because its all laws and facts. OH WELL ILL MISS HER!

[mcdode 0]

Well the poster above answered your question. Canadians dont need visas. They have no record she overstayed.

You are very bitter. Not only do you want a divorce, but you want her barred from ever being able to enter the US again and to 'stay in Canada'- even though her family is in the US, and you want her to cut out any involvement in the same business field as you whether its in the US or Canada.

You also say you want a divorce, but that she asked for an address where she can serve you with divorce papers from Canada and you refused? Because you want the divorce to be done in the US?

You need to let go of some of your anger. Get over the fact thats theres nothing you can do about preventing her from entering the US as she wishes and count your blessings that you dont have children together and you didnt file any immigration paperwork together that would have put you on the hook financially for her for the next 10 years or helped her obtain a GC or citizenship.

Google divorce laws for Canada and see how they differ from divorce laws in your state and see if your blind stubbornness is valid. If its not consider letting it go and have the divorce done through Canada. If youre stubbornness is valid and the laws do vary greatly and not to your advantage, research what you need to do to file for divorce in your state when your spouse lives in another country. Its not that hard. If you cant find the info online, or call the clerk and ask. They have provisions for that because it does happen.

YOUR PASSPORT IS YOUR VISA. YOU CANT CROSS THE BORDER WITH JUST AN ID OR DRIVERS LICENSE. AND THAT PASSPORT IS STAMPED

BEFORE YOU CROSS INTO THE USA AND THEN ITS STAMPED AGAIN UPON RETURN TO CANADA. I KNOW HOW TO FILE FOR A DIVORCE I DONT

EVEN NEED HER ADDRESS TO FILE. BUT YOU DO HAVE TO BE A RESIDENT OF THE STATE AT LEAST 6 WEEKS PRIOR TO SIGNING. BITTER,

ANGRY, DECEIVED IS NEITHER HER NOR THERE WHEN RESPONDING TO THE ACTUAL QUESTION ASKED. OMG I THINK HE IS BITTER! I WONDER WHY?

DUH

[Boiler 46,312]

This is an Immigration Web site, you want a Divorce Lawyer, I am sure there are many to choose from locally.

[NikLR 13,232]

YOUR PASSPORT IS YOUR VISA. YOU CANT CROSS THE BORDER WITH JUST AN ID OR DRIVERS LICENSE. AND THAT PASSPORT IS STAMPED

BEFORE YOU CROSS INTO THE USA AND THEN ITS STAMPED AGAIN UPON RETURN TO CANADA. I KNOW HOW TO FILE FOR A DIVORCE I DONT

EVEN NEED HER ADDRESS TO FILE. BUT YOU DO HAVE TO BE A RESIDENT OF THE STATE AT LEAST 6 WEEKS PRIOR TO SIGNING. BITTER,

ANGRY, DECEIVED IS NEITHER HER NOR THERE WHEN RESPONDING TO THE ACTUAL QUESTION ASKED. OMG I THINK HE IS BITTER! I WONDER WHY?

DUH

There is no need to yell.

Actually a passport is not a visa. A Canadian does not automatically receive a stamp each time they cross the border and it is not stamped when you go back. I have 2 stamps on my old 5 year passport and one of those is for Mexico. But yet I went to Hawaii twice, Las Vegas twice and Denver once. I currently only have one stamp on my current passport but have been to Colorado 3 times since it was issued. I have never received a stamp on the way back. Being able to travel freely between each country acts like a vistor visa and is a bit on the honor system. It's a right both citizens have. Canadian's still need a work visa and a student visa to study in the USA, we are required to get visas on occasion, including extended stay.

Any person can go into the US and get married. If she intended to go into the USA to live, that is fraud. However you married her so thus also contributed to her fraud. She can't file a petition on her own. You have to do it. You didn't.

Some people cannot get away from their parents. It is what it is.

Look into a divorce lawyer, talk to an immigration lawyer, and find out your answers. I hope you find happiness again.

Edited March 28, 2013 by NikiR

[Darnell 8,479]

if you want to file for divorce, learn how to file for divorce in your county, and learn about 'divorce by publication' or 'divorce in abstentia' .

Good Luck !