Married to Nigerian, I-130 pending, want divorce

[AB loves AG 54]

Posting this for a friend:

My friend is married to a Nigerian, and their I-130 is pending. They just filed in December 2014 so they have only received their NOA1. She wants to get divorced now and doesn't know how. Does she have to get divorced in the US and Nigeria? Or can she get divorced only in the US will that be valid even without the husband's approval?

[VOL 425]

Divorce rules depend on state where the divorce is filed.

As a general rule if one party wants a divorce, there is basically nothing the other party can do to keep it from happening...

[NigeriaorBust 4,087]

stopping the petition and divorcing are 2 separate issues. To stop the petition she can write USCIS and ask to withdraw the petition. To divorce she files per the rules of her state and there is probably some clause about serving him notice of the divorce. Must likely she can satisfy this via publication. Have her google service by notification in the state or (her state)

[AB loves AG 54]

stopping the petition and divorcing are 2 separate issues. To stop the petition she can write USCIS and ask to withdraw the petition. To divorce she files per the rules of her state and there is probably some clause about serving him notice of the divorce. Must likely she can satisfy this via publication. Have her google service by notification in the state or (her state)

Doea she have to also get a divorce in Nigeria? If she only gets divorced in the US and doesn't do anything in Nigeria can she not ever get married in Nigeria again?

[sara..... 371]

I dont know what state she lives in but for Oregon you can send the divorce petition visa fedx and when he signs for it the fedx shows on the web site the person signed for the letter then print it out and it shows evidence the person was served ...(thats the only way I could serve my xhusband).......if the person is not willing to sign for it sometimes you can get them served by the court in their country or you can have someone serve the papers and write a statement that they in fact did serve the person at such and such a date and such and such address.......

as long as she is able to get the divorce in the USA she does not have to divorce the person again in their country at least that is how it was explained to me

sara

[AB loves AG 54]

Thanks for all the replies!