VISA GRANTED WITH PENDING DIVORCE CASE

Asked 4 months ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . 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... more
  2. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Lawrence M. Kasen

    Pro

    Contributor Level 16

    2

    Lawyers agree

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

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  5. Yaniv Lavy

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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