Q: I am divorcing my wife, who's here on a K1 visa. If she leaves the U.S., how will she attend the final divorce hearing?
I have been married a month to my wife who I brought to the U.S on a K1 visa from Kenya. I'm seeking a divorce in SC where we were married, because I've become aware of communication between her and another boyfriend she has back in Kenya. She plans on going back to Kenya once she has U.S. citizenship and marrying him etc.
I'm concerned that if she leaves the country I will have a hard time getting the divorce finalized (mandatory attendance at final hearing?). My question is, what would be the best way to file divorce complaint, so I can ensure the divorce is finalized as quickly as possible? I understand I can file the complaint as a non-fault and fault initially, which seems the best way to go since I do have proof of her planning to cheat, but can the "opportunity" to cheat occur anytime before the judge looks at the case? (i.e. after she leaves the U.S). My plan is to serve her the divorce complaint her in the U.S. as I drop her off at the airport.
A: This is a family law rather than an immigration law question. We recommend that you contact an attorney familiar with family law.
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