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VISA GRANTED WITH PENDING DIVORCE CASE

Houston, TX |

FILED DIVORCE PAPER IN JAN2014, MY REMOVAL OF CONDITIONAL VISA (WAIVER REQUEST FILING) WAS APPROVED LAST MONTH. MY DIVORCE CASE STILL PENDING. FILE UNCONTESTED AT FIRST, BUT MY EX HUSBAND DIDNT RESPOND. MY LAWYER SAID I NEED TO CONTEST MY DIVORCE TO GET PROGRESS ON MY CASE. IM THINKING, DO I NEED TO FILE CONTESTED, WHAT IF I TELL MY HUSBAND I GOT MY VISA WITHOUT HIS HELP, MAYBE HE CAN HELP ME SIGNING UP MY DIVORCE (NO KIDS OR PROPERTY) SO I DONT NEED TO PAY MORE MONEY (PAID 2 DIFF KINDS OF LAWYERS ALREADY) IS THAT POSSIBLE? I SAW HIS FACEBOOK HE NOW HAVE A NEW GF, IS THAT SOMETHING MY FAMILY LAYWER CAN CONSIDER? OR IF I CONTEST MY DIVORCE, IS THERE ANY WAY THAT I CAN GET MY FILING FEE BE REFUNDED BY ANY MEANS? ANY HELP?

Attorney Answers 5


  1. On any strategic legal issue of your pending divorce is it advisable and legally appropriate to consult with your attorney of record who is at best position to issue such legal advice as expertly familiar with all case's details firsthand.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  2. It seems like your question relates to family law rather than immigration law. I have changed the category for you.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. Hello:

    The law provide for a waiver of the joint petition and your petition seems to have been properly filed. However, you will need to prove to the USCIS before they may approve your case that:

    a) the marriage was entered into in good faith and
    b) that your divorce is final.

    If you have no assets to divide, no children and do not wish to ask for spousal support you there is nothing to contest, you should proceed with uncontested divorce ASAP. Good luck.


  4. It seems it is not an Immigration question. You should speak with a Family divorce attorney

    New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.


  5. This does not appear to be an immigration question.

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