Divorce advice

[John_K78 0]

** Sorry for the same post. I posted this in another forum when I meant to post it here.**

Good morning everyone, this is my situation in a nutshell: My fiancee came over from Spain a couple of months ago on a K-1 visa. We got married right away, within a couple of weeks. But it turned out to be a very bad idea. I rather not get into specifics, a lot of things have happened along the way. But I'll only say that my fiancee and I have mutually agreed to split up and go our separate ways. But I have a lot of questions, so your opinions would be grateful. By the way, we got married and live in NY, we have no kids, and my wife filed her Adjustment of Status a few weeks after we got married. However, my wife does not want to remain here in the U.S., she's made that very clear to me. She rather return to her country to be with her family and friends. Now, here are my questions:

1) What exactly is the first step towards getting divorced? Do we go to the courthouse we got married at? Or somewhere else?

2) If we both mutually agree to getting divorced, is a lawyer necessary?

3) Since my wife applied for Adjust. of Status, what effect does this have on our divorce? Or does it have any effect?

4) Finally, how long does the overall divorce process take place? As I mentioned, my wife does not want to remain here in the US, she wants to leave as soon as possible.

Thanks for your help.

[Nancy2015 2]

** Sorry for the same post. I posted this in another forum when I meant to post it here.**

Good morning everyone, this is my situation in a nutshell: My fiancee came over from Spain a couple of months ago on a K-1 visa. We got married right away, within a couple of weeks. But it turned out to be a very bad idea. I rather not get into specifics, a lot of things have happened along the way. But I'll only say that my fiancee and I have mutually agreed to split up and go our separate ways. But I have a lot of questions, so your opinions would be grateful. By the way, we got married and live in NY, we have no kids, and my wife filed her Adjustment of Status a few weeks after we got married. However, my wife does not want to remain here in the U.S., she's made that very clear to me. She rather return to her country to be with her family and friends. Now, here are my questions:

1) What exactly is the first step towards getting divorced? Do we go to the courthouse we got married at? Or somewhere else?

2) If we both mutually agree to getting divorced, is a lawyer necessary?

3) Since my wife applied for Adjust. of Status, what effect does this have on our divorce? Or does it have any effect?

4) Finally, how long does the overall divorce process take place? As I mentioned, my wife does not want to remain here in the US, she wants to leave as soon as possible.

Thanks for your help.

The most important piece of information in all this is your state. Without that no one will be able to help you. In general, it works like that:

1) You file a petition for the dissolution of marrige with the Family court (which may be a division of the Superior court in your state, or a division of something else - you need to find out). Depending on your state, you may be eligible for a speedy divorce, since you have been married for a short period of time and have no children.

2) No.

3) AOS won't affect your divorce, but your divorce will certainly affect AOS - AOS will be abandoned. Since your wife is going back to Spain, you do not need to worry about the affidavit of support.

4) Depends on your state. In CA you have to wait 6 months minimum before the court makes a decision. In ME it's 90 days. It totally depends on your state.

Edit: As far as AOS is concerned, she will need to contact USCIS and revoke her I-485. Or you can revoke I-864. Otherwise, USIC will proceed with your case, and if it gets transferred to CSC they may even issue your wife a green card, since they won't have any knowledge about the divorce.

Edited April 25, 2007 by Jewel12

[walls1010 3]

Nice advice from Jewel12. Call the USCIS service center ASAP.

[arwensun1965 0]

Sorry things did not work out, but now you need to contact USCIS to discontinue your Adjustment of Status, it is classed as abandoned when you do not contact them, as Jewel said it depends in which state you live in as to how quickly you can get a divorce, if I were you I would go in person with your soon to be ex wife to the court house you were married in and see if they have a rep that can help you, they do in Washington State.

Take care

Janice

[ChasUK 0]

Nice advice from Jewel12. Call the USCIS service center ASAP.

What in the world does the service center have to do with their case at this point?

[arwensun1965 0]

What in the world does the service center have to do with their case at this point?

I think they were thinking it is called a service centre, it is not by the way it is the local office at this point and as you rightly said not the USCIS service centre.