How to file divorce from outside America?

[Ontarkie 14,234]

Yes she can divorce him in Indonesia that is where she lives. The US will honor the divorce. She cannot file for divorce in the US she does not live there anymore. You must be a resident of a state to file for divorce. She lives in Indonesia with the kids so she files in her country. 

She follows the law there as to how he gets served. Since she left and he gave her permission to leave with the two kids and they set up a home in Indonesia that is the Country laws they will follow. As for child support she can try and see if Indonesia is one of the countries that the US will enforce child support orders from. If not she will need to hire a US lawyer later to file for support. 

Edited August 19, 2018 by Ontarkie

[Jojo92122 1,924]

48 minutes ago, Ontarkie said:

Yes she can divorce him in Indonesia that is where she lives. The US will honor the divorce. She cannot file for divorce in the US she does not live there anymore. You must be a resident of a state to file for divorce. She lives in Indonesia with the kids so she files in her country. 

She follows the law there as to how he gets served. Since she left and he gave her permission to leave with the two kids and they set up a home in Indonesia that is the Country laws they will follow. As for child support she can try and see if Indonesia is one of the countries that the US will enforce child support orders from. If not she will need to hire a US lawyer later to file for support. 

A foreign court has no jurisdiction over the marital status of a US citizen living in the US.  While she may be able to divorce under Indonesia law without his willing participation, that judgement would never be enforceable in the US.

 

An LPR wife living in Maryland with her husband can not just move halfway around the world and expect to force him to litigate spousal and child support in Indonesia.  No US court would enforce that foreign judgment against him in the US.  

 

She definately can file in Maryland where he resides.  Maryland is the site of the marital home.  

 

 

 

Edited August 19, 2018 by Jojo92122

[Ontarkie 14,234]

16 minutes ago, Jojo92122 said:

A foreign court has no jurisdiction over the marital status of a US citizen living in the US.  While she may be able to divorce under Indonesia law without his willing participation, that judgement would never be enforceable in the US.

 

An LPR wife living in Maryland with her husband can not just move halfway around the world and expect to force him to litigate spousal and child support in Indonesia.  No US court would enforce that foreign judgment against him in the US.  

 

She definately can file in Maryland where he resides.  Maryland is the site of the marital home.  

 

 

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/divorce-abroad.html

Support is another issue but the divorce itself with proper serving will be recognized in the US. 

 

MD also has a 1 year residency and she is not a resident. It does not matter where that the marital home was there. 

Edited August 19, 2018 by Ontarkie

[Jojo92122 1,924]

13 minutes ago, Ontarkie said:

https://travel.state.gov/content/travel/en/international-travel/while-abroad/divorce-abroad.html

Support is another issue but the divorce itself with proper serving will be recognized in the US. 

 

MD also has a 1 year residency and she is not a resident. It does not matter where that the marital home was there. 

Forum shopping is not allowed.  

[Highmystic 234]

3 hours ago, Highmystic said:

Yeah, just last week or two, a similar case, and I asked "does he still have to support her? and everyone said yes, and posted clips from the law,  so in theory, If I agree with the above "this week" then next week I will be wrong again.  LOL

 

2 hours ago, EM_Vandaveer said:

I-864 obligation has to do with repaying the govt for benefits received by the sponsored immigrant. This almost never happens in reality.

In some fairly rare cases it's been used in divorce proceedings to get spousal support. She would have to go to court in the US for that to apply.

If she moved back to Indonesia with the intent to permanently reside there then her GC is already technically invalid which frees her husband from the I-864 obligations, anyway.

From uscis forms itself: (last line excludes divorce.  Since the OP is a 10 year GC holder and also only gone for 3 months, which is quite normal in terms of time, if she had not voluntarily surrendered her GC, she can come back to the US.

 

5.

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant you are sponsoring in this Form I-864EZ will continue until the sponsored

immigrant becomes a U.S. citizen, or can receive credit for 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters (credits) of work generally equates to 10 years of work, in certain cases, the work

of a spouse or parent adds qualifying quarters toward eligibility

. The Social Security

Administration can provide

information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored

immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States.

Divorce does not end the sponsorship obligation.

 

 

[NikLR 13,227]

5 hours ago, Jojo92122 said:

Still gotta go to court to get the I-864 enforced against the petitioner or JS to support the beneficiary.  She can't just move out to a small apartment and have him is OBLIGATED to support her until the divorce as Highmystic erroneously advised.  

 

She would get CHILD SUPPORT for the children.  Being a single mother of 3 children does not automatically get her SPOUSAL SUPPORT.   Spousal support would be for her.  Child support would be for the kids.  Each judged on its own criteria.  

I agree that it would require going to court and depends on the state laws.  

 

For instance in my state, the partner who earns more owes spousal support to the one who earns less unless the children are residing with the one earning more. 

Obligation for spousal and/or child support is obviously in the courts hands, I don't think anyone implied it wouldn't be.  If you made that assumption... that's not my issue. 

 

Since the OP has left the country I'm sure some child support would be required by a US court of law (and provided by a decent parent even without a court of law dictating it.)  

 

Since the rest of the world has to obide by the US laws regarding divorce, I'm unsure why the OP cant file where they currently live I'd they qualify.  Not to would be a rather large double standard.  (But honestly wouldn't surprise me...)

[NikLR 13,227]

1 hour ago, Jojo92122 said:

Forum shopping is not allowed.  

I enjoy when you tell mods what is and isn't allowed on VJ. 😅

[Utha 10]

9 hours ago, Jojo92122 said:

Do you have it in writing that he gave you permission to permanently move his children to Indonesia?  Or do you just have a verbal agreement that he may at some point say never happened?

I find it hard to believe that he gave you permission to permanently move his children to Indonesia and give you sole custody when he will not consider giving you a divorce.

Just verbally. 

[Utha 10]

Guys thank you for your replies. I am watching and reading it but due to limited internet access, it is a little bit hard to reply one by one. 

Additional info:

His kids that i took care was 5 kids for the first 3,5 years then 3 kids for the past 3 years and 4 kids for the last one year.

While i have 2 kids from him. 

His kids already grown up and so lazy that makes me just tired by myself taking care of the house

Edited August 19, 2018 by Utha

[WandY 430]

4 hours ago, Ontarkie said:

Yes she can divorce him in Indonesia that is where she lives. The US will honor the divorce. She cannot file for divorce in the US she does not live there anymore. You must be a resident of a state to file for divorce. She lives in Indonesia with the kids so she files in her country. 

She follows the law there as to how he gets served. Since she left and he gave her permission to leave with the two kids and they set up a home in Indonesia that is the Country laws they will follow. As for child support she can try and see if Indonesia is one of the countries that the US will enforce child support orders from. If not she will need to hire a US lawyer later to file for support. 

Absolutely wrong. Filing in Indonesia will not work. Under the doctrine of forum non conveniens, the defendant/respondent (U.S. husband in this case) will seek to have the case dismissed and/or removed to the appropriate county/state in which he resides. This doctrine is applicable in federal law and every state. It is commonly used in these types of cases because the defendant/respondent and children involved are U.S. citizens and must avail themselves of U.S. law. The rule is used because of the massive inconvenience of submitting evidence, interrogatories, etc. and making court appearances. Filing from Indonesia will be a waste of time and money. No U.S. court will entertain it, even if the U.S. husband is OK with it. She can file by hiring a lawyer in the state where her husband lives. That's the only way.

[Roel 7,192]

3 hours ago, Utha said:

Just verbally. 

That's not enough. You need to have it on paper.

Right now, any moment he can just go to cops and tell them that you kidnapped his kids abroad and you have no proof to show that it's not true.

Fix this ASAP.

[Boiler 45,572]

OP  would need to Divorce in Indonesia. 

 

Would need a local Divorce Lawyer to assist.

[EM_Vandaveer 2,408]

8 hours ago, Highmystic said:

 

From uscis forms itself: (last line excludes divorce.  Since the OP is a 10 year GC holder and also only gone for 3 months, which is quite normal in terms of time, if she had not voluntarily surrendered her GC, she can come back to the US.

 

5.

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant you are sponsoring in this Form I-864EZ will continue until the sponsored

immigrant becomes a U.S. citizen, or can receive credit for 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters (credits) of work generally equates to 10 years of work, in certain cases, the work

of a spouse or parent adds qualifying quarters toward eligibility

. The Social Security

Administration can provide

information on how to count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored

immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States.

Divorce does not end the sponsorship obligation.

 

 

Technically, moving to another country with the intention of permanently residing there instantly invalidates the GC.

[kris&me 572]

18 hours ago, Utha said:

He did. 

Unless this is atared in a legal document that he is giving up his parental  rights and allowing u to take them out of the country, it may come back to bite u

original question    "u need to hire a lawyer in Maryland"

Edited August 19, 2018 by kris&me

[Jojo92122 1,924]

9 hours ago, NikLR said:

I enjoy when you tell mods what is and isn't allowed on VJ. 😅

Not telling mods what is and isn't allowed on VJ.

 

Forum shopping is a legal concept in litigation.  Suggest you look it up since you don't understand it.