# Immigrant wife left country



## cmh (Jun 16, 2019)

My wife snuck a flight out of NY back to her home country without advance parole, so she’s abandoned her green card application. I sent an I-864 withdrawal letter to cover all bases per advice. Someone suggested I investigate whether the possibility that she stays out of the country for a long time means my marital assets have the option of greater protection than through a no fault divorce. Obviously when I proceed with divorce I’ll be getting an attorney but just thought I’d get a head start on my research. Thanks.


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## EleGirl (Dec 3, 2011)

I don't know how this works. 

Generally you can file for divorce and have her served at her last known address. If she does not get the paperwork and/or does not show up the divorce can be automatic after some waiting period.

How long have the two of you been married?


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## cmh (Jun 16, 2019)

about 1.5 years


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## EleGirl (Dec 3, 2011)

cmh said:


> about 1.5 years


I went back and read your other threads. 

So she's gone. Have you discussed this with an attorney to see how you can get a quick divorce and not have to split things with her since she left the country?

Since you have only been married 1.5 years, the only thing that you have joint is anything you acquired in that 1.5 years. I'm assuming that you accumulated most of your assets before you married her.


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## Taxman (Dec 21, 2016)

Get an attorney who understands the ramifications of immigration and abandonment. How long were you married? I realize this entire thing is as clear as mud at this point, but given the circumstance of abandonment, and the rescinding of the "green card", I believe there is a potential that you will have absolutely no financial commitment to her. It may not be absolute, however, this is one of those divorces, where she will not even know you filed. In fact, if possible, do not notify her, just proceed, and inform her after the decree absolute. Once again, this varies by country and state, so spend your money on the best attorney you can afford.


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## MattMatt (May 19, 2012)

Sorry this had happened, but at least it happened before you had children.

Report her disappearance to the police and immigration authorities just in case.


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## brooklynAnn (Jun 29, 2015)

Over 40 years ago, one of my uncles married a woman, that just packed up and left. Noone knew what happened to her. When it was time to divorce he had to publish a notice in a newspaper in each state...he was given a divorce and kept his assets because she never showed up or protested.

You might have to do the same thing in her country's major news paper. But just because she is out of the country she might still be entitled to something the longer you take to file.


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## cmh (Jun 16, 2019)

EleGirl said:


> cmh said:
> 
> 
> > about 1.5 years
> ...


To this and the other replies, I'm starting the divorce process now and this is definitely a good point; I will at least try a consultation with an attorney to see if this divorce can be done more painlessly than usual. I was originally thinking of going no-fault but it seems even that process will be complicated by her overseas residential status. Thankfully in any case I acquired most of my assets before marriage. But knowing her I don't know if she'll try to get something anyway. Found some general info on overseas process, e.g. at https://info.legalzoom.com/divorce-spouse-isnt-us-citizen-left-country-21080.html. I'll consult with the relevant sources and attorneys but meanwhile if anyone here knows anything specific to divorcing an Indian citizen, any info could help.


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## Johan S. (Sep 18, 2019)

Sorry this has happened to you and good luck!


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## cmh (Jun 16, 2019)

I am now using a law firm for my divorce. Firm emailed Summons and Complaint and Affidavit of Defendant to wife and I instructed her and her parents that they would have to get it notarized at their local consulate, but she did not want to do this, saying she wanted to go for a divorce by publication, which shouldn't be used since I know where she lives (and it would take way longer and be more costly). So now I have hired a process server company who have process sever contacts in India, but one of the forms they require is a certified copy of the Summons and Complaint. They report that an attorney certification would not be accepted (would result in an affidavit of non-service) and they require it to be certified at the clerk instead. But it appears that's not doable now as the NYC court/clerk is closed due to COVID. Am keeping an eye on things and am hoping a reopening will occur soon. Anyway the ideal plan at this stage is since my wife has been aversive to signing anything lately, when she is served by the process server she will not respond and then I can divorce her by default (I may remind her and her parents of this method after I can verify she has been served).


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## EleGirl (Dec 3, 2011)

Sounds like you have figured a plan here.

So how are you doing otherwise?


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## cmh (Jun 16, 2019)

I've got to the stage in the divorce where nothing seems to be happening… No reply from the foreign Central Authority on the status of my papers since they were delivered last year despite multiple follow-ups. So after a recommended waiting period since the papers were delivered overseas, I requested my process server company and attorneys to start the divorce by publication route. The former finished their part in a few weeks and I didn't even have to pay them for it.

Meanwhile my attorneys, based on the latest invoice I received which showed their activities, had worked 0 hours on it since my request several weeks prior, and I have yet to receive an update after following up. This is not the first time this has happened. Last year, for example, also based on what I could see in the corresponding invoice which shows a log of both billable and non-billable activities, a month went by with no work from them until I followed up after which activity magically resumed.

I assume switching to a different law group would waste more time than chasing my current law group? The group I'm currently dealing with has really good reviews on Google, Yelp, etc with much attesting to their expediency, which unfortunately is not what I've recently experienced.

I'll follow up with them again and again as needed, but meanwhile any advice on getting my lawyers to respond to and work on my case in a timely manner, or something else I should consider if they continue to be unresponsive, would be much appreciated. Thank you.


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## jlg07 (Feb 24, 2017)

Have you been handling the lawyers over phone/email? You may want to schedule an in-person meeting to discuss the work that they haven't been doing. Tell them you want to have an in-person status meeting and while there, let them know your concerns.


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## cmh (Jun 16, 2019)

jlg07 said:


> Have you been handling the lawyers over phone/email? You may want to schedule an in-person meeting to discuss the work that they haven't been doing. Tell them you want to have an in-person status meeting and while there, let them know your concerns.


Yep it's been all phone/email/mycase so far. Thanks for the suggestion.


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