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
1 Answer from Attorneys
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.
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