Legal Question in Immigration Law in Florida

I have been dating a lady from Chile but lived in Buenos Aires, Argentina for last three years. I requested her with a fiance visa (K-1), and within the 90 days requirement I married her. I then sent in the adjustment of status for residence along with travel permit, and work authorization where I paid the required amount. We married on Sept 10th,2010 and then after the submitting the adjustment of status we were notified that she had to go on November 29th for her biometrics , the very next day she left the house stating she wanted to go back to Argentina. She went to Miami, and now is making assusations of abuse which is not true. There was never any abuse and none is report ever to authorities during the time living with me. I asked her to sign a letter the day she left stating she was leaving , was doing so on her free will and that she was going back to Argentina she signed it. We had agreed to sign a marital settlement agreement which stated what she had prior to marriage was hers, and what I had was mine for the following week and she came didn't sign but picked up the remaining of her items. Now, immediately after not signing that settlement agreement, I wrote to the processing center of immigration after speaking to the national customer service center of USCIS, they told me to withdrawal my I-129F (K-1) which was the only approved document, that the adjustment of status was still not approved which I know since I sent the letter just two days after the biometrics with a over night mail. My situation is that I am waiting the 45 days for them to repond since that was what that processing center email wrote me since I backed up my overnight signed letter with also a email to them.

I don't know if I should wait for the reply from the process center or just go down to the county court house and file for a divorce with Contructive services (posting in the newspaper ) since I have no idea her location either Miami or Argentina. I have asked her and her sister for her location and they don't reply. Since I sent that letter I have received both the travel permit and work authority but stating that it's based on getting the conditional residence. I am worried that my letter will not be considered since I signed requesting withdrawal. I don't know what action I should time now, start the process of divorce or wait for immigration's reply.


Asked on 12/30/10, 4:38 pm

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

If you have notified immigration that you are abandoning the adjustment of status application, that's all you need to do. If you want to proceed with the divorce you should go ahead and do so, you are a U.S. citizen (I assume) and it should have no effect on you whatsoever.

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Answered on 1/05/11, 8:03 am


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