A non- Us citizen (immigrant)based out of USA and married to a US citizen is cheated by the US spouse. The US spouse has taken all the things to USA and after that has stopped all means of communication but the immigrants visa has been approved by NVC . How can the immigrant claim for her/ his assets and file for divorce under US law?
You should direct your question to a family lawyer.
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.
By simply directly contacting and hiring a family law attorney in the US.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Each state has its own laws concerning marriage, For example, in Virginia, you need to be a resident in Virginia for six months before you file for divorce. Each state will have its own residency requirements. You would have to contact a family lawyer in the state where you plan to live when you come here. Your entry into the country would have to be for more than the purpose of getting divorced! You have to establish a home here. Please call an attorney for some advice.
When you or your spouse have resided for at least one year in MD you may file for divorce in MD.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
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