Legal Question in Immigration Law in Illinois

I married a US citizen in Illionois last July 2009, after a few days I flew back home to Manila. My husband failed to file the I-824 or K3 after we have received the I-797 Notice of Action that states that his petition for me has been granted. Due to differences, we decided to file a divorce. What documents should we fill up and forward then? Can I still use my US tourist visa pending resolution to our plans of filing a divorce? Please advise I am desperate and depressed. Thank you so much


Asked on 11/19/09, 7:35 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

When the I-130 petition was granted/approved, there is no need to file I-824 or K-3, as you said. When petition is approved, you could have applied for an immigrant visa (green card), of course, will full support of your husband.

If you decided to get divorced, I guess, it has to be done in USA, as it may not be possible in Philippines.

Your presence in USA is not required for him to file and obtain divorce.

If you’d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know, and I’d be glad to help you: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com .

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn’t create an attorney-client relationship, which can only be established through payment of a fee. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/24/09, 8:52 pm


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