IMMIGRANT WIFE ABANDONS ME 5 DAYS AFTER ARRIVING

Aug 8, 2012 by

Question: 

1 year and 10 months ago, I married my wife in Santo Domingo, Dominican Republic. 3 days later I moved back to the USA so I could work here and get her to immigrate here.( I saw her only for 2 days when she was still in Santo Domingo. She arrived here on a non-immigrant visa 7 days ago, on Friday, August 28th. Yesterday, 6 days after arriving, I got home from work to find that she (and her daughter) abandoned me. Dominicans in a car picked her up and drove them off. Since I sponsored her to come here and she obviously had “A PLAN” all along to USE ME, am I within my rights and able to have her deported? Do I have the right to file a divorce alone (since I have no idea where she is)?

State: 
Pennsylvania

Answer: 

Unfortunately Pennsylvania is not the easiest place to get untangled from the mess you’re in. Although Pennsylvania does allow both fault and no fault divorces, there are are lengthy time limits involved. A fault divorce based on abandonment requires a one year separation before you can get a divorce. Otherwise you have to wait two years to file a 3310D divorce action showing the marriage is irretrievably broken when filing for a no fault divorce by yourself. You have been married too long for an annulment. The Dominican Republic amended its Divorce Laws in 1971 to allow foreigners to obtain a divorce in its courts in one day without any residency requirements. You could travel back to the Dominican Republic to get a divorce there, but the laws require the mutual agreement of both spouses to obtain a divorce. It is highly unlikely that you can have your spouse deported on your own. You should probably consult with a divorce attorney in Pennsylvania to see if their are any other remedies that you might be able to take advantage of.
– The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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