Posted by: da_sat September 2, 2010
Need help with unexpected marital and immigration issue
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One of my friend is going through an extreme confusion. He got married 3 years back with an Indian girl who was in F1 visa (at that time he already had his US citizenship). The girl got her conditional green card for 2 years after getting married with him. They lived together for 3 years but after that they started having fight because the girl was playing games behind his back. Girl left him and now living in India (it's been 6 months already) and now, her conditional green card has already expired. My friend wants to get divorce with that girl and someone told him that (according to Virginia Law) he needs to be separated with her for at least one year and only after that he can file a divorce. But I heard that if you spouse leave you, you can file a divorce on the basis of desertion. 

How this divorce thing works between them because girl is currently living in India and not willing to come back to the States. How the court will grant the divorce to my friend and how will the property be distributed ?

Any suggestion would be appreciated. 
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