Divorce and Marriage Law
Citizenship and Marriage
Immigration

How do you get a divorce from an illegal immigrant who has left the US?

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Wiki User
July 15, 2015 8:54PM

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".

Related Questions

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No, and the laws regarding marriage to an illegal immigrant become more draconian every day.

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No, that just means that the child will be a US immigrant. The illegal immigrant will still be illegal.

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The US citizen may cancel the I-130 petition, and the illegal will not be given permanent residency. If the immigrant entered illegally into the country, then it doesnt matter because marriage to a US citizen CANNOT help make the immigrant legal.

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Yes, an illegal immigrant, in the US can get married to an American citizen and obtain their documents

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If an undocumented (illegal) immigrant is married to a U.S. citizen, then they are a U.S. citizen. So their divorce from another U.S. citizen won't affect the status of their child at all.

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yes, illegal immigrant can be deported even if he/she has children who are US citizens. moreover harbouring an illegal immigrant is a serious offence. please refer to US department of homeland security website www.dhs.gov

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If the immigrant married a US citizen, then that's a done deal and she is no longer illegal. It sounds like you need to take care of your own affairs, starting with divorce proceedings.

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No not an illegal immigrant but a legal one can. * If the couple were legally married the immigrant spouse can request spousal maintenance (alimony). Immigration issues are federal matters and have no bearing on domestic issues such as divorce. child custody/support which come under the jurisdiction of state not federal law.

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The term "illegal immigrant" says it all. There are no illegal immigrants who are allowed to live in the US.

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Your question reveals an unconscious bias. You said, = "How can a US citizen sponsor an illegal immigrant...." = If you "sponsor" them, they are not an "illegal immigrant." Careful, the way your question is phrased says a lot about you. The very term "illegal immigrant" is insulting to ....migrant workers, especially. Mexican citizens surely don't like the phrase and, by the way, Superman was apparently an "illegal immigrant" and you SURELY wouldn't want to insult HIM.

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does an illegal immigrant married to a citizens us have to go back to his country to get green card

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You cant reuturn back when a illegal immigrant gets caught being illegal they deport them and they tell them how much time they cant be in the US

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Divorce law is governed by each individual state in the US. If a person meets the minimum residency requirement of their state (usually six months or so) they can go to court and request a divorce. Residency just means living in the state. It is not the same as citizenhip. A valid US divorce is valid in all parts of the US. Mexican law and treaties determine whether a US divorce decree is valid in Mexico. A certified transcript of the US divorce may have to be presented in Mexico to make it valid in Mexico. See: Illegal Alien Divorce for a more complete answer.

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They seem to be affecting your grammar.

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If you mean can the elder perform the marriage ceremony of a US citizen JW with a JW who is an illegal immigrant in the US then assuming that it is not illegal to do so then I would also assume that it is allowable.

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It is legal in the United States for an illegal immigrant to marry a US citizen. Once the marriage is legal, the illegal immigrant becomes a legal immigrant and can stay in the US for the course of the marriage.

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Since marriage to a US citizen confers US citizenship upon the spouse, it is not clear how your spouse is an illegal immigrant unless you are also an illegal immigrant (not that you actually said that either of you are living in the US, but that seems to be the most likely interpretation). I also don't know why you are abandoning your spouse instead of getting a divorce. Nothing will necessarily happen; it depends upon what action the abandoned spouse may choose to take. If you are sued, then there could be various consequences depending upon the outcome of the suit.

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It is impossible for an illegal immigrant to marry a US citizen unless they have legal documentation-like their birth certificate (see the other answer to this question, on this site too)

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only if the person marries a US citizen

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i dont think they have the right to