Need advice relationship not working

[PabloGavacho 1]

I got married in April and my wife from Mexico received Advanced Parole and work authorization card for her and 2 K2 visa daughters. She wants to return to Mexico and live with family. Do I file for divorce or annulment? Do I do it after she returns to Mexico or does she need to sign something here? What forms or how do I notify USCIS to terminate process? She has not gotten green card or interview. Please advise.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Ian H. 207]

If you have ended your relationship and your wife will go back to her country, then you will have to withdraw your affidavit of support. I believe you cannot withdraw the I-485 because it's not your application, but upon withdrawing your I-864, the I-485 should die. I'm not sure how the withdrawal process works, but maybe someone can clarify further. You don't file for annulment just because your marriage didn't work out, especially if you consummated it, it's not a reason to be granted annulment. You would just file for a regular divorce.

[Sandra G. 5,057]

Withdraw the l864,and submit to Uscis ,and file for divorce .

[Jawaree 718]

Have you talked this over, did love jump thru the window, is she scared of

the new, try counseling if no success then file a divorce....do the children

wants to move to Mexico & are you both still in love?

[JimmyHou 611]

I got married in April and my wife from Mexico received Advanced Parole and work authorization card for her and 2 K2 visa daughters. She wants to return to Mexico and live with family. Do I file for divorce or annulment? Do I do it after she returns to Mexico or does she need to sign something here? What forms or how do I notify USCIS to terminate process? She has not gotten green card or interview. Please advise.

You need to check the divorce laws in your state, but she will almost certainly have to sign the divorce papers. Some states require a waiting period before a divorce is finalized.

[PabloGavacho 1]

I got married in California a no fault state.

[aaron2020 11,651]

Withdraw the I-864 to end the immigration process.

File for divorce.

[rlogan 2,036]

You need to check the divorce laws in your state, but she will almost certainly have to sign the divorce papers. Some states require a waiting period before a divorce is finalized.

No, you can do divorce by publication. California has it.

Otherwise people could just abandon you and there would be no possibility of ever divorcing them. It is easier to have them sign the papers before they go of course, and recommended. But sometimes the spouse is disagreeable or uncooperative. In which case you do divorce by publication after they leave.

[Ian H. 207]

Isn't the publication part only when you can't find the spouse? Because here in NY they only let you put it in the newspaper when you have exhausted all possibilities of figuring where your spouse is. If you know where they are you should be required to have them served.

[Ian H. 207]

In CA, seems to be about the same as in NY. As here, you need permission from the judge to do publication and exhaust all possibilities. Since he knows where his spouse is he has to have her served regularly. It doesn't matter if she doesn't sign, you just have to prove that she got served. The important thing is that she doesn't contest it, which I don't think she would be able to do all the way from Mexico. It's fairly easy to get an uncontested divorce, the paperwork is pretty straightforward.

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

[aaron2020 11,651]

No, you can do divorce by publication. California has it.

Otherwise people could just abandon you and there would be no possibility of ever divorcing them. It is easier to have them sign the papers before they go of course, and recommended. But sometimes the spouse is disagreeable or uncooperative. In which case you do divorce by publication after they leave.

So completely wrong.

To get the court's approval for publication, the petitioner must prove to the court that he/she tried as hard as possible to find the other party.

A disagreeable or uncooperative spouse is not a valid reason to use publication.

If the petitioner knows where the respondent is, the court will not allow the use of publication.

[JimmyHou 611]

So completely wrong.

To get the court's approval for publication, the petitioner must prove to the court that he/she tried as hard as possible to find the other party.

A disagreeable or uncooperative spouse is not a valid reason to use publication.

If the petitioner knows where the respondent is, the court will not allow the use of publication.

I believe that's correct... otherwise, spouses would come back from business trips to find out that they're no longer married.

So back to the original issue, if the spouse is in agreement that the divorce should happen, it's easier to get everything signed the two part ways.

[PabloGavacho 1]

Ok I am confused. I know where she will be going in Mexico but I won't be exactly sure where she will be staying. Does a proof of service count if a friend of mine serves her in mexico? How much effort is required by the court to look for her? I know where here family lives and it is a small town but it's a 7 hour drive from where I live.

[PabloGavacho 1]

And one more question how do I go abou a withdrawal of the I864?