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Danilu

Divorce in USA while spouse is in Mexico

By Danilu in Effects of Major Family Changes on Immigration Benefits

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Alabamak1 Proficient

Alabamak1   688

Posted
Filed: K-1 Visa Country: Ukraine
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Posted (edited)
6 hours ago, Danilu said:

I would like to know in detail  from another VJ members who had gone through this, how the respondent is served if she's living in Mexico. 

You have not given enough details. Assuming it is your spouse and she dropped the AOS process, you can divorce her by going through your state laws. It's gonna take some time to get divorced, since she no longer lives in the US. They cannot serve her in Mexico with divorce. My sister had a similar issue. She was living outside the US and her husband in the States, where nobody could find him. They married in Oregon, but it took  years for the divorce and it was complicated since she had to post it in newspapers and all that. Best if you try reaching out and get things done with her.

Edited by Alabamak1

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Danilu Rising Star

Danilu   11

Posted
Filed: K-1 Visa Country: Mexico
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Posted

As a matter of fact, I'm the wife( respondent). This is the situation: We`ve been  married for 7 years, and I'm planning on moving to Mexico. I'm interested in knowing how process is in cases like that. Of course I would give him my address.

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Villanelle Experienced

Villanelle   4,122

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Filed: Timeline
Posted

Divorce can be filed by either spouse. The filer has to meet the requirements for where they live to file. So it seems he will be filing somewhere in the US. Every jurisdiction has different rules for what counts as 'service' to your spouse. You can contact the local court he will be filing for divorce at for more info on their specifics. 

 

You can also hire a local attny (to his area) to represent you in court so you (potentially) dont have to travel there. Is the divorce amicable? Are you in agreement on how to divide things? If so an attny is probably not needed. 

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