Uncontested Divorce

[MikeStl 1]

Hello,

Have seen many divorce threads here, none with uncontested divorce.

Hoping I can get some advice. My wife and I have only been married 2 months, she came on a standard K1 visa, It is becoming apparent we are not as compatible as we thought during our online chats and trips. Living together is simply not working out.

All she wants from me is a flight back to her country. We are still living together. I have filed for AOS and received letter that it was received. That is all, nothing has been approved.

I'm thinking I want to get something in writing from her stating she will not go after my assets. She is not familiar with laws in US. I am only somewhat aware of divorce laws (never been through one before).

What type of signed document would I need?

I have seen online divorce sites and they are very affordable. How long should the divorce process take?

I am more than willing to pay for flight and any costs associated with travel. Should I cancel the AOS with USCIS?

Thank you for any help and advice

[Richard1948 1]

Sorry about your situation. Well what should be done is immediately write to USCIS canceling your petition, be sure to sent any letters to USCIS certified mail, return receipt requested so you have proof of delivery. As a precaution drop the same letter at the local office via Info pass, this way you have covered all the bases. Buy her a ticket home and if you can afford it give her some money to help her start over, she gave up everything to be with you, not a million dollars but some, give it to her when she gets on the plane home. Also, watch out and be very very very careful about a abuse claim to a domestic violence claim, life can be difficult if she does this. File for divorce in court send her the papers in her home country and you are done. Always remember divorce laws vary from state to state and you should consult with a attorney. Sorry this did not work out. Wish you all the best.

[LionessDeon 2,060]

Getting her to sign something now that she will not go after your assets is a little after the fact in my opinion. That's usually done as a pre nup not post nup. Just send a certified letter to USCIS requesting cancellation of the AOS application. Purchase her a ticket home and get her to the airport. File for divorce. I've seen many uncontested divorce stories on VJ. Try the search bar.

[Lee&Ana 88]

Unless I am mistaken, there is no reciprocity between Vietnam and the USA. I don't think she can file for benefits from Vietnam if you are divorced. Put her on the plane and be done with it

Edited August 4, 2016 by Lee&Ana

[denali1022 26]

You should be good to go. Send her home. File for the divorce now or later. It doesnt matter. You have only been married a few months. She isnt entitled to anything. No alimony. No assets. It will be faster if you can file now and have her served now while she is here. Divore only takes a few months.

If you really think you need something in writing then hire a lawyer to represent you both. Make sure there is an enterpreter present. Have him write a legal agreement and that she is clearly knowledgable of what she is signing. I think this is completely unnecessary however.

I agree with the above advice. Give her some money to get back on her feet when she gets home. Move on to the next chapter. Sorry to hear it didnt work out.

Edited August 4, 2016 by denali1022

[WandY 430]

I'm in the St. Louis area and can point you to some good, inexpensive divorce attorneys. Message me, if needed. I have some experience with your situation. She is entitled to whatever a judge says she is entitled to. That's the law in Missouri. However, if she doesn't want anything but a flight home, then that's the good news. You should get an attorney. He/she will draft a divorce decree that includes everything needed (property, etc.). It will say that the marriage is "irretrievably broken" and that it lasted only a few months and there is no joint property to dispose of. In Missouri, you'll keep whatever you had prior to marriage. If you bought anything together AFTER you were married, that purchase will need to be disposed of in the dissolution/property decree and settlement. Your lawyer can draft something that will be acceptable to the court. Your wife should sign this and be done with it before she leaves. It doesn't matter what she does in the future - it matters that you need to get divorced. A Missouri court will not divorce you without her consent (some exceptions, such as abandonment, etc., but rare). If she cannot speak English, get an interpreter - I can help with that, too. My wife is Vietnamese and can help with language, if needed.

Hope everything works out. If you need some help, let me know. Message me via this website.

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[Ash.1101 1,756]

When my first husband and I got divorced, he signed a waiver of rights. Meaning, that he wanted nothing to do with the divorce and that he basically agree'd to the drafted divorce decree that I gave to the courts. He waived his rights to contest the divorce, to be at any court proceedings, and so on. He didn't even have to sign the divorce decree.

Talk to a lawyer, find out your state laws.

Once he signed that waiver, it was all on me to finish up the divorce process.

[smileslovesninj 4]

my fiance went trough an uncontested divorce in nj, he did it pro se (without an attorney) both of them just signed a settlement agreement. The divorce process was fairly easy, the only hard part was serving his ex cause he had to find her. This was in NJ and it cause him around $800 total, cause he paid 400 to divorce center (website) to draft his divorce papers, but they are basically useless, they give you the papers and you're left on your own, if there is the need to slightly change the papers they drafted, its $150, all the paper works after the complaint was filed where mostly written by him because he can no longer use the ones from Divorce center, don't use their service. I think it would be easier and faster to hire a lawyer.

[MikeStl 1]

Thank you all for your helpful advice. I took a little time to reply as I had hoped we could try again to make it work out, it doesn't look like we will be able to. I have read everything and agree that giving her some money to get settled back home is a good idea. Though she will be living with her Mom and never did pay any rent before coming here.

I really would prefer having her sign a waiver as mentioned as I am pretty sure if she is back in Vietnam it will be difficult to get her to sign anything. Plus we've tried mail to and from there in the past, it's 50/50 if the letters get delivered and the $200 carrier service might be a waste if she won't take any action.

I do agree, I'm not liking what I see on the low-cost online divorce sites.

I really appreciate all the information, Thanks you are all great!

[TBoneTX 45,498]

Thanks for returning with the update. Hope that it transpires uneventfully.

[Ash.1101 1,756]

Thank you all for your helpful advice. I took a little time to reply as I had hoped we could try again to make it work out, it doesn't look like we will be able to. I have read everything and agree that giving her some money to get settled back home is a good idea. Though she will be living with her Mom and never did pay any rent before coming here.

I really would prefer having her sign a waiver as mentioned as I am pretty sure if she is back in Vietnam it will be difficult to get her to sign anything. Plus we've tried mail to and from there in the past, it's 50/50 if the letters get delivered and the $200 carrier service might be a waste if she won't take any action.

I do agree, I'm not liking what I see on the low-cost online divorce sites.

I really appreciate all the information, Thanks you are all great!

Thanks for returning with the update. Hope that it transpires uneventfully.

Agreeing with Tbone! Thanks for the update.

And I didn't mention it in my first post, but my divorce was about 775$ total. I actually found a legal document preparer to draft the decree. She charged about 375$ I believe. She had prior work with the legal office in the military and did a wonderful job. It was 375$ for the actual papers, I found her by googling uncontested divorce in my area and eventually found her.

The filing fee was 400$ I believe, and then the decree sat with the attorneys in the courthouse for about six months until they went over it and made sure it was prepared correctly for the court. I believe their was one error, and it was just a typo, easily fixed, the day of and given to the judge.

Again though, this is with a waiver in place. While it may be no fun to pay to send a waiver over, it may end up still being the cheapest route.

Edited August 17, 2016 by Ash.1101

[Boiler 45,658]

The flight home is your priority, do not go cheap, get her on a plane asap.

[IcezMan_IcezLady 582]

She can change her mind and want to stay and continue the process.

Remember you have already mailed the AOS, if its gets approved you could have a tougher time with things.

So just make sure you send a cancellation letter and buy her the plane ticket she wants and let her return before someone convinces her to stay.

[Lee&Ana 88]

She can change her mind and want to stay and continue the process.

Remember you have already mailed the AOS, if its gets approved you could have a tougher time with things.

So just make sure you send a cancellation letter and buy her the plane ticket she wants and let her return before someone convinces her to stay.[/quote

I agree

[T&H2016 8]

you don't need attorney for uncontest divorce.. All you have to do is having her sign waiver form