Divorce before wife comes to the u.s

[Wee-moon-ah 3]

So my Vietnamese wife and I married in Vietnam earlier this year in feb. things are pretty rocky right now between us. Does anyone know how the divorce process works? Should she start the paperwork there or should I get an attorney here in the u.s. we are pretty far as far as the paperwork goes. I think I just need to turn in my w2 and check stubs and then the next step is the interview. Thanks in advance. 

[aaron2020 11,651]

If you and your wife are getting a divorce, why are you continuing with the immigration process?  Divorce is a reason to deny a spousal visa.  

 

Divorce in Vietnam.  It's easier.  Doubt you guys have significant amount of joint assets.  

Edited December 5, 2020 by aaron2020

[Wee-moon-ah 3]

7 minutes ago, aaron2020 said:

If you and your wife are getting a divorce, why are you continuing with the immigration process?  Divorce is a reason to deny a spousal visa.  

 

Divorce in Vietnam.  It's easier.  Doubt you guys have significant amount of joint assets.  

Well it’s been recent that we’re having issues. I’ll probably have the paperwork stopped soon. As far as the divorce we don’t have any assets at all together. 

[Coco8 1,042]

Short answer is that you need to start by consulting a lawyer in the US. My understanding is that, because she is not residing in the US, you cannot file for divorce in the US. If you both were in the US, you could file for divorce in the US. 

 

It doesn't matter that you don't have assets. The marriage is still recognized in the US. And every country has a different understanding of how divorce is done, you might still have to support her in some way or who knows. 

2 minutes ago, NOTORIOUSJeff said:

Well it’s been recent that we’re having issues. I’ll probably have the paperwork stopped soon. As far as the divorce we don’t have any assets at all together. 

Edited December 5, 2020 by Coco8
added info

[aaron2020 11,651]

20 minutes ago, NOTORIOUSJeff said:

Well it’s been recent that we’re having issues. I’ll probably have the paperwork stopped soon. As far as the divorce we don’t have any assets at all together. 

Get the divorce done in Vietnam.  It will be faster and cheaper than getting it done in the US.  She's a citizen and a resident there, so not a problem.  Especially since there are no assets to divide. 

I know people who have gotten divorced within a month in Vietnam for a few hundred bucks.  

[Crazy Cat 41,888]

28 minutes ago, NOTORIOUSJeff said:

Well it’s been recent that we’re having issues. I’ll probably have the paperwork stopped soon. As far as the divorce we don’t have any assets at all together. 

I would stop the immigration process sooner rather than later.  Do not submit an I-864 until you are certain you want the immigration process to continue.  Waiting until the visa is issued would be a big, big mistake.

[Wee-moon-ah 3]

29 minutes ago, aaron2020 said:

Get the divorce done in Vietnam.  It will be faster and cheaper than getting it done in the US.  She's a citizen and a resident there, so not a problem.  Especially since there are no assets to divide. 

I know people who have gotten divorced within a month in Vietnam for a few hundred bucks.  

Yeh I heard the same thing from other people. 

[dwheels76 5,468]

50 minutes ago, Coco8 said:

Short answer is that you need to start by consulting a lawyer in the US. My understanding is that, because she is not residing in the US, you cannot file for divorce in the US. If you both were in the US, you could file for divorce in the US. 

 

It doesn't matter that you don't have assets. The marriage is still recognized in the US. And every country has a different understanding of how divorce is done, you might still have to support her in some way or who knows. 

This is not true. Both do not need to live in US. You merely only need to be a resident where you live you file in your cities courthouse. Very easy to file yourself. Get the documents send to her to sign send back to you file at courthouse. I did it and 61 days later I was divorced.

[Wee-moon-ah 3]

10 minutes ago, dwheels76 said:

This is not true. Both do not need to live in US. You merely only need to be a resident where you live you file in your cities courthouse. Very easy to file yourself. Get the documents send to her to sign send back to you file at courthouse. I did it and 61 days later I was divorced.

So you didn’t get an attorney?  I’ll look that up. Thanks. 

[SalishSea 17,837]

1 hour ago, NOTORIOUSJeff said:

So my Vietnamese wife and I married in Vietnam earlier this year in feb. things are pretty rocky right now between us. Does anyone know how the divorce process works? Should she start the paperwork there or should I get an attorney here in the u.s. we are pretty far as far as the paperwork goes. I think I just need to turn in my w2 and check stubs and then the next step is the interview. Thanks in advance. 

So you're okay to be financially responsible (potentially for >ten years) for someone you're divorced from, even if she comes here and eventually marries someone else?

 

 

[Wee-moon-ah 3]

3 minutes ago, Jorgedig said:

So you're okay to be financially responsible (potentially for >ten years) for someone you're divorced from, even if she comes here and eventually marries someone else?

 

 

No. That’s why I want to divorce before the paperwork is finalized. I didn’t even do the interview yet or show financial proof that I can take care of her. 

[SalishSea 17,837]

1 minute ago, NOTORIOUSJeff said:

No. That’s why I want to divorce before the paperwork is finalized. I didn’t even do the interview yet or show financial proof that I can take care of her. 

In that case, do not provide the W2s, tax transcripts, affidavit of support, etc.  In your original post you wrote "I think I just need to turn in my W2s and check stubs."

 

 

[Wee-moon-ah 3]

Just now, Jorgedig said:

In that case, do not provide the W2s, tax transcripts, affidavit of support, etc.  In your original post you wrote "I think I just need to turn in my W2s and check stubs."

 

 

Oh I’m sorry. Yeh i wrote it wrong. Yeah for sure I don’t want to turn my paperwork in. 

[Crazy Cat 41,888]

1 hour ago, NOTORIOUSJeff said:

No. That’s why I want to divorce before the paperwork is finalized. I didn’t even do the interview yet or show financial proof that I can take care of her. 

That is completely the wrong thing to do....Stop the process immediately!!!!!  Then, worry about the divorce!!!

Edited December 5, 2020 by Lucky Cat

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.