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invisiblelaura12 · Jul 8, 2010, 04:41 AM

She entered through a K1 visa. She later decide to go back to her home country. Because of this, she couldn't get back to the US as she also had some troubles with visa. Can her husband file and process a divorce without his wife consent?

JudyKayTee · Jul 8, 2010, 04:55 AM

No. She has to be located and served with the divorce papers. It is not as "easy" as divorcing someone who is local. Citizenship has nothing to do with it.

She may or may not appear in Court via an Attorney but if there are joint assets OR she wants spousal support she probably will appear. If the divorce goes to a hearing or trial she may apply for an Immigration waiver to attend.

invisiblelaura12 · Jul 8, 2010, 06:17 AM

Thanks for the reply.

I do have have follow-up question. She does have a removal proceeding scheduled for July 27 for the grounds of over staying. Which she can prove that she has no illegal stay in the US. The husband receive the notice on removal proc

JudyKayTee · Jul 8, 2010, 06:18 AM

Invisiblelaura - you asked a question because you obviously don't know the answer. I posted the answer because I DO know the answer.

You have disagreed with me because my answer is (presumably) wrong.

What part of my answer is wrong?

invisiblelaura12 · Jul 8, 2010, 06:22 AM

Thanks for the reply. :-)

I do have have follow-up question. She does have a removal proceeding scheduled for July 27 for the grounds of over staying. Which she can prove that she has no illegal stay in the US. The husband receive the notice on removal proceeding the day after she (the wife) left the US.

Is there any way that you know as to how she can deal with it if she couldn't be present in the US at the time of the proceeding? Is there any way that she could enter the US?

invisiblelaura12 · Jul 8, 2010, 06:54 AM

She signed the joint petition but realized that it isn't going the right way. She wants to revoke the petition for summary dissolution? However, she is no longer in the US anymore and couldn't go back as she is having some trouble with her visa. Is it possible to mail the FL-830 and have it filed and processed?

invisiblelaura12 · Jul 11, 2010, 06:55 PM

Husband is an american citizen. Wife is not. So, how could it work?

invisiblelaura12 · Jul 11, 2010, 06:59 PM

Is it possible to have the FL-830 filed and processed if I mail it from outside the US? Does anyone knows the mailing address for Alameda superior court, family law unit? (PS. I've posted this question a few times but every time I open it, it says it is no longer available.so, I'm reposting.)

invisiblelaura12 · Jul 11, 2010, 07:05 PM

Husband received a notice for removal proceeding just the day after the wife left the US. She enters on a K1 visa and she can prove (with proper/legal documents) that she doesn't have an illegal stay in the US. But it happens that the wife has already left the US when the notice was received and couldn't go back to the US. How is she going to deal with the proceeding, if she has a court schedule for 27th of July?

cdad · Jul 11, 2010, 07:13 PM

Here is one reference for you.
Ref:
California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support

Where are you mailing it from?

cdad · Jul 11, 2010, 07:15 PM

If you know where she is currently living it may be possible to have her served. Depends on the country.

cdad · Jul 13, 2010, 01:16 PM

invisiblelaura12 : From philippines. What if the husband don't intend to have her serve and choose not to inform the court?

Then that would be stupid because it can be overturned and dismissed for that very reason. Stick with the facts and be honest. Otherwise it could cost you more then you can imagine.

invisiblelaura12 · Jul 14, 2010, 06:22 AM

Thanks for the reply.

So, it is definitely not going to be easy for him without the cooperation of the wife right?