Can I divorce my husband from overseas and also “abandon” my conditional resident card?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I divorce my husband from overseas and also “abandon” my conditional resident card?
I became a resident via marriage to a US citizen. I had to fly over to my country of origin for family matters and now we want a divorce. I do not wish to return if I cannot obtain my resident card while going through a divorce as I woudln’t have family/emotional/physical support that side. Could I go through the divorce via overseas in South Africa or should I go back? I’ve only been outside the US for less then 4 months. There are no belongings/possessions in our name. Only our own debt and we have no kids. Do I serve the papers or does he? And should I send back my resident card first, then file the divorce?
Asked on July 17, 2012 under Immigration Law, Florida
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It reallly depends on whether you have a conditional resident card or a permanent one. If it is permanent, you keep your status even if you get divorced. If it is a conditional card, you will need to file a petition to remove the conditional status and if you are able to prove that the marriage was bona fide and not for immigration benefits, then you have a good chance of getting the conditional status removed and having a permanent resident status that is permanent. NO one can tell you whether you will or will not get to keep your status without knowing the specifics of your case. You can consult with an immigration attorney regarding your situation, if you want to have more information.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.