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Discussion Starter #1
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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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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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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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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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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Discussion Starter #8 (Edited)
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.
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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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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