K1 visa, followed by marriage, foreign spouse left and will never return

[USAmale 1]

Friends:

I am looking for some input from some experienced hands here.

I brought my foreign spouse here approx. 2 years ago on a K1 visa. We married in my home state within the required timeframe.

Her daughter came shortly after she did, and we enrolled her in school.

The child turned out to be constantly in trouble at school, as well as fighting with us, running away, etc etc etc.

The mother and daughter fought violently with each other, which was very upsetting to me.

The daughter was sent home, then the next month (a year and a half ago) my wife went back on her expired K1 visa saying that she

had to deal with her daughter's issue there. She would not let me adjust her status. We lived here in the US as husband and wife for 5-6 months total.

I did visit her 3-4 times since that time, to see if we could save our marriage, and if she would return.

She finally said that she was ready to return, and I filled out the forms for the Spouse Visa.

Before the holidays, she abruptly informed me that she did NOT want the Spouse Visa, she did not want to come back, it's completely over, she never wants to see me again. I have started talking to her again about it, and she has nothing positive to say, she does not love me, never wants to see me again, and in fact has been involved with another man. She even said that she never loved me.

So, she has been gone for 1 1/2 years and never returned, claims to want a divorce , is not a citizen, and has no visa.

I spoke to one lawyer who says that I have grounds for abandonment and adultery, and potentially fraud.

This lawyer says that he has no experience with the international aspects of the divorce and suggested that I look for a lawyer who does, which I am still in the process of doing.

Does anybody out there have any experience with a situation like this? Can I obtain a divorce in absentia, and not have to pay any sort of support etc to her? She has her own job, car, and apartment, and has built her own life there. BTW, I live in Pennsylvania.

Thanks in advance for any help that you have.

USAmale

Edited January 15, 2014 by USAmale

[discoverusa 258]

I suggest that you ask your question on avvo.com.

[USAmale 1]

Thanks, what does that site relate to?

[USAmale 1]

ok thanks, I am checking it out now..

[VickyP 34]

She went back to her home country as far as I understand right? Why is this considered fraud?

[USAmale 1]

Vicky:

I am not using these terms, these were suggested to me by a family law attorney who does not have familiarity with international

cases like this, but suggested that her intentions may have been fraudulent all along.

Here is what I said in my e-mailL

>I spoke to one lawyer who says that I have grounds for abandonment and adultery, and potentially fraud.

I just need to find someone who has had some experience with this type of situation...I am at a loss..

Thanks,

[Jawaree 717]

She left there's no kids or property to split

go file for divorce mail her whatever to sign

there's nothing to split up after only 6 mths

and she abandoned you back to her country

[rlogan 2,036]

Does anybody out there have any experience with a situation like this? Can I obtain a divorce in absentia, and not have to pay any sort of support etc to her? She has her own job, car, and apartment, and has built her own life there. BTW, I live in Pennsylvania.

Yes.

States vary on what the notification requirements are (ie publishing in a newspaper of record), but even if she won't sign you can get a divorce and you have ample reason. If you can get her to sign, great. But if not - just follow Pennsylvania rules on divorce notification.

These procedures are set up because in cases of abandonment it is common that you have no idea where they are living. So it is not actually a requirement that you serve them personally when they have fled and are making it difficult to establish a resolution.

[USAmale 1]

Thanks, to the Alaskan responder...is this something that you have personal experience with? I don't believe that she will give me the address of the apartment that she has bought.....In fact I don't even have the last address where she was living, or even the last two addresses...

[discoverusa 258]

Google the term 'divorce in absentia' . This may be something you could do.

[USAmale 1]

Thanks. I just spoke to a lawyer in my city experienced with these matters who says that if I serve her at her family address where she was previously living that she can be considered served as long as a family member signs for it

[Boiler 45,486]

Where does Adultery come into it?

[USAmale 1]

She has told me that "she was in love with another man " who has now dumped her. I hear from one or another of her family members almost every day. She is apparently in a depression now and won't talk about anything which is why they are coming to me to ask what has happened between us.