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forbetterdays

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

By forbetterdays in Effects of Major Family Changes on Immigration Benefits

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
18 minutes ago, James120383 said:

you file for a divorce in Saudi

No, you file where you currently live. If you live in the US, you file for divorce in the US.

Filing where you do not have domicile can and has resulted in immigration deeming the divorce invalid. Essentially, if you do not have current domicile in the country, immigration law defaults to the jurisdiction of where you are domiciled. In many (if not all?) states, a divorce where you are not domiciled for at least x days and/or have intent to do so is not permitted.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Cathi Veteran

Cathi   5,755

Posted
Filed: Citizen (apr) Country: Jordan
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Posted
1 hour ago, James120383 said:

you file for a divorce in Saudi

Wrong.

 

The OP should file where he/she is living right now.


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Sparkle Sparkle Proficient

Sparkle Sparkle   914

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Filed: K-1 Visa Country: Germany
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Posted

@forbetterdaysif it so happens that both of mutually have agreed that you both have come to the end of it... Then it should not be a problem. He still lives in Saudi Arabia where the wedding was conducted... So he should just go there and initiate divorce while you stop and withdraw immigration papers in US... Whichever way you guys choose to go, then I wish you both best of luck. 

Speak the truth even if your voice shakes

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Diane and Chris Proficient

Diane and Chris   651

Posted
Filed: Lift. Cond. (pnd) Country: Switzerland
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Posted
On 8/13/2020 at 3:12 PM, Sparkle Sparkle said:

@forbetterdaysif it so happens that both of mutually have agreed that you both have come to the end of it... Then it should not be a problem. He still lives in Saudi Arabia where the wedding was conducted... So he should just go there and initiate divorce while you stop and withdraw immigration papers in US... Whichever way you guys choose to go, then I wish you both best of luck. 

What if the person doesn’t want the divorce?  I wouldn’t leave it to chance. I would initiate the divorce myself, here in the U.S.  

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Sparkle Sparkle Proficient

Sparkle Sparkle   914

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Filed: K-1 Visa Country: Germany
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Posted
4 hours ago, Diane and Chris said:

What if the person doesn’t want the divorce?  I wouldn’t leave it to chance. I would initiate the divorce myself, here in the U.S.  

She said the decision is mutual and yes it's easier to do a divorce in the country where the marriage was contracted 

Speak the truth even if your voice shakes

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SalishSea Grand Master

SalishSea   17,837

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
On 8/13/2020 at 12:12 PM, Sparkle Sparkle said:

@forbetterdaysif it so happens that both of mutually have agreed that you both have come to the end of it... Then it should not be a problem. He still lives in Saudi Arabia where the wedding was conducted... So he should just go there and initiate divorce while you stop and withdraw immigration papers in US... Whichever way you guys choose to go, then I wish you both best of luck. 

The OP can divorce his/her spouse in the state where they currently reside.  It will be granted regardless of mutual agreement.

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