Asked 6 months ago - Great Neck, NYFlag
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?
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!
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.
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.
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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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).
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
Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
Serving Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau, Suffolk, Westchester, Rockland, and Orange Counties.
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