My wife just came to USA on Sept 11 on Dec 9 she left me went to a half why house I never put my hands on her but found out that the place is trying to say I did some like forced her for sex we are still married now ok what I need to know is can she get a devorice with out knowing about it had no contact with her and wondering can she get a permit resident visa if we are still married to me she has a conditional visa now
Wife cannot obtain a divorce without you knowing about it: she would have to "serve" you with the divorce papers.
She can "remove" the "conditions" on her temporary green card on her own, without you knowing and anyone asking your input, by requesting a "waiver" of that application's "joint filing requirement, by asserting "good faith marriage" to you (on the day of marriage - the only thing that counts is her "intent" at the time of the marriage), as well as the additional waiver grounds of "mental/psychological abuse" and etc. Note that she can only file that application on her own once obtains final divorce. Not before. Thus, she will be in a hurry to divorce you..
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Many, if not all states, do not require spouses signature to file for divorce. All states however require service of process, which means here that the plaintiff seeking divorce makes legally sufficient service so as to notify the defendan, of the plaintiffs intentions and their right to come to and be heard at court. As long as the court find sufficient steps were taken to serve process, then the same will be upheld even if the defendant did not actually receive process. Here, most likely you will find out about her plans divorce if she does. As for her conditional green card, the short and simplified answer is that although normally the i751 must be jointly filed; however, in some cases the conditional resident may file alone through applying for a waiver in certain cumstances. If this is what happens, unless she tells you, I doubt you will find out.
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Contact a family attorney regarding divorce questions. She may file to remove conditional status without you.
Under certain circumstances, she can get a divorce without prior notice to you - it is called a 'default'. However, she must show that she does not know how to locate you, and that she cannot have the court documents 'personally served' on you. This usually happens when the location of the defendant is unknown.
Check for any documents that she files in court by looking at the on-line records of the courthouse in the county that you think she could file.
If possible keep her aware of your residential address, if it has changed recently.
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