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What is the cheapest and fastest way to divorce someone in NY who has no green card or social sec. number?

Great Neck, NY |

I married a Canadian 3 years ago. It is not working out and I want a divorce. He has no tax id, green card, ss# or anything like that. What is the fastest and cheapest way for us to get a divorce. Also, is there a way to do this where he still has a chance to apply for a green card on his own?

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Posted

Tax ID and Green Card are irrelevant. You serve them with papers like anyone else.

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Posted

The fastest way is to start an action for breakdown of the marriage for 6 months or more. How fast it will be will depend on how much fighting if any goes on delaying the divorce.

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The fastest way is to commence a divorce immediately and convince your spouse not to contest the divorce. Your spouse's lack of a social security number will not prevent you from obtaining a divorce but may require additional forms. Some courts allow uncontested divorces to be completed without including a social security number and some require you to provide an additional affidavit explaining the reason for not including the social security number.

It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>

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I would recommend simply commencing a divorce action and having him served. Your spouse does not need a Social Security No., or any government issued ID in order for you to successful obtain a divorce. Depending on several factors, this may impact his application - if this is in fact a concern for you be sure to consult with an immigration attorney first. An uncontested divorce will be relatively inexpensive (www.uncontesteddivorceny.com).

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The same as in any other case. You must start an action for divorce and file it with the appropriate court. It is always recommended to do so with the assistance of attorney, since this is a legal action, and requires legal expertise.

Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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Probably the fastest, cheapest way is to engage a low-cost local attorney who handles a large number of uncontested divorces (if you have no dispute with your husband). Yes, it may still be possible for your husband to obtain legal immigration status, but you should speak with an immigration attorney to review all the details to be sure. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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The only way he can apply for a green card on his own if he files as an abused spouse a VAWA petition (if he has grounds). If he divorces you and does not file under VAWA, he can still obtain his green card through another spouse (assuming he qualifies in all other respects). As far as obtaining a divorce, file a summons with notice and serve him and hope that your husband does not contest the divorce so that it goes on the uncontested docket.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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You can proceed on a divorce action even if your spouse does not have a social security #/tax ID/greencard etc, as long as you meet the residency requirements to file for divorce in New York. An attorney can assist you in completing an uncontested divorce relatively quickly (about 3 months) and inexpensively, without the need for a court appearance.

Feel free to call now for a free telephone consultation. (646) 587-0188

Sincerely,
Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
(646) 587-0188
www.DivorceInNYC.com

Serving Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau, Suffolk, Westchester, Rockland, and Orange Counties.

Answers to questions by an attorney for The Law Firm of Liou & Maisonet, PLLC are for general purposes only and do not establish an attorney-client relationship.

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