How do you get a divorce from a deported illegal alien?

Answer 1

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According to INS if she is illegal she will have to leave the country along with her kids. There is nothing you can do. Helping her stay after a divorce is illegal for you. She will have to submit proof of hardship and try to obtain a perm. residence on her own after the divorce. If you want to help her simply pay the filing costs.

Edit: Unless the kids are citizens.. be that I mean YOU are a natural born citizen and they were born here as well. If so she can easily stay here with her kids after SHE filed the petition on her OWN behalf. OR you both can file a petition now before a divorce and get her legalized based on the fact she has kids here... which could meet the test of hardship if she had to leave the country for proceedings. Really depends on how long she has been her illegally. If over a year illegal she faces a 10 year ban law which means she cannot reenter for 10 years. There is a waiver for this though, the hardship waiver.

Answer 2

I'm sure you can. Go to the court house and file divorce papers and fill out everything that you can. They will tell you what you have to do.

A friend of mine had the same problem. in most places they will post an ad in the paper of the last known place your spouse lived. if they do not respond within 30 days, you can have the divorce finilized without them. good luck, i hope everything works out for you.

In the UK you can apply for a divorce without knowing the whereabouts of your spouse but it is well worth checking to see if they have actually divorced you first :) When you apply via a County Court you can check this out. Also, you can search the electoral roll. Please be *absolutely* sure you hve the right person before you start having papers served on some poor unsuspecting soul.

You have to file a contested divorce. Even if you find out where they are and cannot get them to agree to a divorce you can still get it. It takes longer and sometimes costs more than if both people become involved, but it can still work. It usually takes around six months to get it finalized where a non-contested divorce can be final in three.

Additionally, it is called an "Abandonment of Marriage".

Answer 3

Perhaps you have grounds for an annulment if you can demonstrate that he married you to become a citizen. This would mean that he didn't enter into the contract honestly. You may be able to avoid the technicalities of petitioning for a divorce.

Answer 4

You can not marry someone who is illegally in America, so you can't divorce someone who is illegally in America