Q. If My wife is abroad. How can we get a divorce? Must she come here to sign the papers? I came here legally in June 2002, but my stay expired. I have been living here unlawfully ever since. Now I have a girlfriend here, and we have decided to marry. When I left India I was separated from my wife already, though not legally divorced. I want to get divorced legally and get married here. My wife is still in India, having never joined me in the United States. -- Rizwan, Atlanta

A. You can probably divorce your wife without her having to come here. While divorce laws vary from state to state, most states, including Georgia, provide that a resident of the state, including an undocumented immigrant, can divorce a spouse abroad. According to family-law expert Barry P. Schwarz, an attorney in Atlanta, if you have resided in Georgia for at least six months, you can file for divorce in that state.

If your wife will cooperate, getting the divorce won't be difficult. You and your wife must sign an agreement resolving any issues regarding property and custody of your children (if you have any) and agreeing to the divorce. You can have the document prepared here and then send it to her for her signature.

If your wife won't cooperate with the divorce, you can still divorce her by filing here, but you'll have to have the papers "served" on her in India. That means the papers must be presented to her under the rules that apply for service of papers under Indian law. She can then decide to either fight the divorce here or just ignore the lawsuit. If she does nothing and you present proof to the court here that she was served the papers, the court here will grant your divorce.
If you don't know where your wife is living, you can get a divorce by publishing your intention to divorce. To divorce your wife "by publication," you'll need to prove that you have attempted to find her.

Readers in other states should note that while the divorce laws in their states might be similar to those in Georgia, the rules could differ. A family-law expert, and in some states a family-law court clerk, can help in divorcing a spouse abroad.

Social Security retirement benefits for undocumented immigrants

Q. Does my friend qualify for Social Security retirement benefits? My friend arrived here in 1971. He entered legally, but never got his permanent residence. He got a Social Security card and worked for 33 years at the same company. He is 68 years old and has now retired. He applied for Social Security retirement
benefits, but was denied. -- De Courcey Rogers, Miami

A. Your friend must get legal status to get Social Security retirement benefits. Fortunately, he qualifies under the "registry" program. That program grants permanent residence to those in the United States since before 1972. Your friend can apply to register as a permanent resident using United States Citizenship and
Immigration Form I-485, Application to Register Permanent Residence or to Adjust Status.

The law bars undocumented immigrants in the United States from receiving Social Security retirement benefits unless they applied before Dec. 1, 1996. Those who retire abroad, however, might qualify for benefits based on international agreements between the United States and certain foreign countries. For information
on international Social Security agreements, call the Social Security Administration's Office of International Programs at 1-800-772-1213. On the Internet, go to www.ssa.gov/international/agreements _overview.html.