K Visa Divorce

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squishybear

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I have a American friend that married a Australian girl a few years ago. Things didn't work out too well and she went back to Australia. He wants to get a divorce and move on but she is threatening him saying she might not want a divorce just yet and she will just ignore the paperwork and make him stay married to her. She also left a few boxes behind and says that if he doesn't send them to her ASAP that she can send the consulate to his house? He is so confused and not sure what the laws are in this kind of thing or what his next step should be. About 3weeks before she left she got her Permanent Resident of the US card and has a working social security #. Therefore she is a resident of the US as well as Australia.

So, the questions are

#1 - Can he get a divorce without her agreeing?
#2 - Does he have to send these boxes right now (it would be very expensive)
#3 - What steps should he take next to start the process?

Thanks for your help!
 
The answer depends on where he lives. Generally it is possible to get a divorce even when the other partner does not agree. But the way to get it is slightly different in all states and in Australia.

If he still has property that is hers he should send it to her, but he should make her pay for the shipping.

If she returned to Australia and does not maintain a residence in the U.S. her green card can be taken away. May be that is a reason she does not want a divorce? It should be made clear to her, that even without a divorce she still will lose the green card if she does not live in the US
 
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