Whaddajoke

I am a US citizen who married who I thought was the love of my life last July. He wrote me beautiful love letters and seemed so sweet. I welcomed him in my house with my 2 children. Well little by little things didnt add up. He never contributed to the household financially. I had to buy my own engagement ring (duh first clue). He got his temporary driving license and work visa about 9 months after he got here. He claimed to get a job with a company, got dressed in tie shirt and dress pants for 2 months.... only to find out he NEVER HAD A JOB AT ALL. Lets not forget I found out he was taking money from my family. I kicked him out and I am assuming he flew back to the UK. Well my immigration atty told me to write a letter withdrawing my I-130 which I did. However, since my husband cannot sign divorce papers, how am I going to be able to legally divorce him in FLORIDA. Before my husband left the house with his suitcases he did write me a little saying he wouldnt fight me on the divorce... but not sure that will hold up in court. Can anyone help me please. This has been a real mess.

Noorah101

1. What visa did your husband come to the USA on? What process did you go through to bring him here?
2. After all this time, do you still have a pending I-130? I assume he never received a green card?
3. You say he got a work visa 9 months after he got here...but that doesn't make sense. A visa is something you get from outside the USA. Do you mean he got work authorization by filing form I-765? If so, does that mean he entered as a tourist and then married you?
4. He CAN sign paperwork for the divorce. Just because he's in the UK doesn't mean he can't sign.
5. I'm not understanding how far along you were in his immigration process, nor which process you followed to bring him here.

Can you explain a little more?

Rene

Folinskyinla

Hi:

You file for divorce and obtain a judgment, that's how. Florida is a no-fault jurisdiction. I don't know the details of Florida law, but as a general matter of Federal Consitutional law, it will be better if you have an address to "serve" him at. Also, assuming you have an address and he is in the UK, you will need to find out about the UK's ratification of the Hague Convention on international service. I know that Germany does not allow service other than by the means prescribed in the Hague Convention -- and several personal injury attorneys learned to their distress when suing Volkswagen, Porshe or Mercedes.

I'm sorry to hear about your situation. But it is not hopeless.

Whaddajoke

Thank you ALL for responding! It sure does mean alot! My husband did not come over an ANY visa.. just passport. We submitted all the paperwork from here after we married last July. The I130 is still pending and he does NOT have a green card yet. Yes he did enter as a 'tourist' so to speak and then we wed. He had come over here multiple times prior to us getting married. I did submit the I765 but he was only given a temp. drivers license and temp. work permit but NO green card. Well after sending him back 'home' I no longer have an address for him as I have no way of knowing how to get in touch with him. It happened like this: he got up for appox. 2 months... ironed a dress shirt and put on a tie... and claimed to be working for this big company. A friend of mine called that company and they had never head of him. Not to mention he was taking money from my family. He never contributed a dime to our household. I had it with the lies and it seems like I was being lied to from the beginning as I was told he had a ring made for me and he didnt bring it with him.... so he had his mom send it and it got lost in the mail TWICE..... I DONT THINK SO. In hindsight I feel like a huge dumbass. SOOOOOO, a couple weeks ago my sister and I came to my house and told him he would have to leave and I would take him wherever he wanted to go... and well he went to a hotel. Called me the next day and said he was flying out to the UK. The last month he was here he ran up $509.00 on his cellphone that I PAID for so I took that from him too. This story is so far fetched the soaps havent even thought of it yet. I cannot begin to tell you how hurt and betrayed I feel. Anyway the simplified divorce paperwork that I printed off the internet requires his signature... how do I file without it or get a judgement? Thankfully I owned this house prior to our marriage and everything else for that matter. There is no way to contact him and he cannot be trusted to sign any paperwork even if I could as he was begging me not to divorce him.... and begging is putting it lightly. There is no way I could ever trust that man again and to think I could is a joke. You all are wonderful to listen to my drama and any and all advice is helpful. THANK YOU!

fatbrit

I have a feeling you may need a lawyer. You are fixated on reasons for the failure of the marriage that have absolutely nothing to do with the actual legal process of divorce.

However to answer you question, if you make a goodwill effort to locate him in order to serve the papers but fail, you will then need to use a method known as service by publication or constructive service.

Whaddajoke

Thank you for your input but I am not fixated on anything. It is quite clear what led to the failure of the marriage. I was only looking for any advice on how to proceed with divorce and yes any legal advice that could help me. I am sorry you misunderstood but I do thank you for what you had to say.

Folinskyinla

Hi:

There are ways to serve him if you honestly don't know where he is. However, as a matter of constitutional law, every state makes you jump through a lot of hoops to show that not only you don't know where he is, but also you can't find out. The second factor is established by documenting your attempts to find him.

fatbrit

Okay -- go to your county court's web site, the family DIY part, and look for a package entitled "constructive service". There should be plenty of hints in there to show you how to go about serving him if you can't locate him. You may need to extend yours to include the UK beyond the suggestions of US searches. As Folinsky rightly points out, due process is a Constitutional right....and you will have to go that extra mile to convince the court that he cannot be found.

Noorah101

As for your divorce, I would use a divorce laywer instead of doing it on my own. That would help ensure a successful divorce.

If you filed AOS, you won't get a separate I-130 approval. What will happen is you both will get called to appear for an interview. Sometimes AOS is approved even without an interview. I would write a letter to USCIS to let them know he has left the USA and that you are in the process of a divorce, and that you're withdrawing the I-130. I"m not sure what address to use...perhaps the Chicago address you sent the AOS to, and also your local office address.

Rene

ian-mstm

With all due respect, although they seem linked, your divorce and your immigration issues are separate. Your lawyer has told you what needed to be done with the I-130 - and you did that. So... that's great. I'll just mention in passing that this is an immigration forum not a divorce forum... and your immigration issue has been dealt with.

Ian

Noorah101

Thanks for pointing that out Ian, she already has taken care of the immigration side of things. The divorce is something else completely and this isn't the forum for it.

Rene

meauxna

So whoever moved out of the US forum where she correctly posted it in the first place shouldn't mind taking it back in the right forum.

dbj1000

I've ordered an extra-large tub of popcorn for this one.

Mod-on-Mod action. Great stuff

scrubbedexpat099

I will take a seat in the gallery...