I may have to divorce my spouse before she arrives to USA

[forbetterdays 0]

Unfortunately, things aren't going as planned and that we may choose to divorce each other even before the spouse visa processed.  

What are the legal implications? I was married in Saudi Arabia with a Pakistani citizen.   My spouse is been living in Saudi Arabia for work on Work visa. 
Please guide me, I am totally clueless about all things legal.  

Edited August 11, 2020 by forbetterdays

[Just Paul 4,595]

To stop the process in immigration contact whom ever has the petition.   USCIS, NVC or Consulate and tell them to cancel the petition or withdraw the I-864.

[Stein 276]

Legally you withdraw the application before he/she arrives because if your spouse does come they can keep thier green card and still divorce the day they arrive and you will be on the hook for support based on i864 filing.  This support can be indefinite until they go back home or become a citizen so this isn't something to take lightly.  

 

Even if you don't decide to divorce right now if you are having this discussion you should still withdraw the application.  If you two do later make ammends you can always file again at a later date.

Edited August 11, 2020 by Stein

[forbetterdays 0]

@Stein @Paul & Mary

 

Thank you both for the input.  Do you guys know how would I file for divorce or if I need to file here in states?  The Marriage was done in Saudi Arabia and Marriage Certificate is from Saudi Arabia 

[Stein 276]

1 minute ago, forbetterdays said:

@Stein @Paul & Mary

 

Thank you both for the input.  Do you guys know how would I file for divorce or if I need to file here in states?  The Marriage was done in Saudi Arabia and Marriage Certificate is from Saudi Arabia 

That part I don't know.  I know the most important thing is to pull the I864.  The rest can follow.

[Sparkle Sparkle 914]

You need to seat down cool off and think clearly about this first... Once it's done it's done

[Just Paul 4,595]

51 minutes ago, forbetterdays said:

@Stein @Paul & Mary

 

Thank you both for the input.  Do you guys know how would I file for divorce or if I need to file here in states?  The Marriage was done in Saudi Arabia and Marriage Certificate is from Saudi Arabia 

You can file anywhere you want (meeting the legal obligations of that jurisdiction).   Filing divorce divorce after your spouse after they enter the US does nothing to relieve your obligations of the I-864.  Also just filing a divorce does not stop immigration. 

[geowrian 22,337]

2 hours ago, forbetterdays said:

Do you guys know how would I file for divorce or if I need to file here in states?

You would file the divorce based on where you currently live.

[pushbrk 12,908]

2 hours ago, forbetterdays said:

Unfortunately, things aren't going as planned and that we may choose to divorce each other even before the spouse visa processed.  

What are the legal implications? I was married in Saudi Arabia with a Pakistani citizen.   My spouse is been living in Saudi Arabia for work on Work visa. 
Please guide me, I am totally clueless about all things legal.  

You have answers on the divorce.  Consult a family law attorney where you live.

 

As for the immigration process, what you do depends on the stage of processing.  If you are still waiting for petition approval, send a letter to USCIS with the case number and full names, asking that your I-130 petition be withdrawn.

 

Please clarify the status of your case.  Where is the I-130 right now?

[retheem 566]

7 hours ago, forbetterdays said:

Unfortunately, things aren't going as planned and that we may choose to divorce each other even before the spouse visa processed.  

What are the legal implications? I was married in Saudi Arabia with a Pakistani citizen.   My spouse is been living in Saudi Arabia for work on Work visa. 
Please guide me, I am totally clueless about all things legal.  

If you have to divorce, do it now

[Crazy Cat 41,903]

7 hours ago, Stein said:

Legally you withdraw the application before he/she arrives because if your spouse does come they can keep thier green card and still divorce the day they arrive and you will be on the hook for support based on i864 filing.

The withdrawal should be done before the visa is even issued...

Edited August 11, 2020 by Lucky Cat

[NikLR 13,227]

~~moved go effects of major family changes from IR1/CR1 process and procedures~~

[Crazy Cat 41,903]

Note to the OP-  There was a recent case here where the petitioner, who had been married for longer than 2 years,  failed to stop the immigration process for a failed marriage prior to his spouse's visa being issued.  The visa holder entered the US, obtained a 10 year green card, and remained in the US. The petitioner, of course, was obligated for financial support under the I-864.   It is extremely important that you stop the process ASAP.  

Edited August 11, 2020 by Lucky Cat

[Loren Y 2,755]

I agree with the other posters. Pull the I-864 ASAP. My friend at work was in the exact situation you are about 8-10 years ago. same country and everything ( Maybe the same Woman?) she did the exact same thing, but he found her out before the process got very far. He had to go thru an attorney where he lives, and it wasn't very cheap ( But a lot cheaper than 10 years or more of support) he filed for divorce where he lived, they sent notice to the country she lived in, Had to send some certified letters requesting divorce to all known addresses of his current wife, and once they had the proof that the notices were signed for or delivered he had to wait 30 days for a response from his then wife contesting the divorce. Of course nothing ever came of it, and she never responded to any of the notices, and the a local Judge granted the divorce based on the attorney proving they had made a reasonable and prudent attempt to notify his current wife, and she didn't respond. He is now happily married with 3 kids, and put that nightmare behind him. Really dodged a bullet, like life altering bullet! I recommend you do the same thing ASAP. I probably wouldn't have known about this at all, but he mentioned it when I told him I was doing a K1 for my now wife, and he brought up his nightmare marriage to his " First" wife. Funny thing he said he wished he had done a K1 as you get a chance ( 90 days) to see if things will work out after your fiancee arrives before your on the hook for 10 years. Guess this is an example of a reason a K1 could end up being better.

[igoyougoduke 1,656]

21 hours ago, forbetterdays said:

@Stein @Paul & Mary

 

Thank you both for the input.  Do you guys know how would I file for divorce or if I need to file here in states?  The Marriage was done in Saudi Arabia and Marriage Certificate is from Saudi Arabia 

you file for a divorce in Saudi