What to do about asylum if I am separated about my husband?

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What to do about asylum if I am separated about my husband?

I was married in Indonesia. When I came to the US, I filed for asylum together with my husband paper, even he did not come here. My asylum paper was granted.However my husband did not want to come to US. It has been 10 years that we are separate each other. Now i am stuck here with my status.My status here married (without husband) I’ve asked him to divorce me, he did not want to. What supposed i do, since i could not come back to Indonesia. I also cannot remarry since US immigration has our file together.

Asked on October 14, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should speak with an Immigration attorney about applying for a green card.  You can do so based upon the asylum status.  Now, you can also file for divorce as long as you meet the residency requirements of the state.  You can file here with out his being here.  Having him served and having the court obtain jurisdiction over him to grant the divorce is the tricky part.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you wish to dissolve your marriage with your husband who is living in Indonesia and you are residing in the United States, you simply need to file a petition for the dissolution of your marriage here and have him served with the summon and petition for dissolution. Since you are an American resident, you can file to have your marriage dissolved in this country.

I suggest that you consult with a family law attorney to help you in such an endeavor.


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