QUESTION
If I leave and go to my country, can I finish the divorce paper from there? And can I renew my green card from there?
Asked on Mar 21st, 2013 on Divorce - Michigan
More details to this question:
I have been married to my American wife for almost 3 years and I came here to USA 21 months ago. Since I got here I live with my wife, even I share my bank account with here. We have adorable 7 months old son. My problem is we fight all the time. She don't want to understand that if u get married to somebody who have another culture you should find some place in the middle between your cultures to survive. She always fight or make a fight even when everything is ok she make fight of course I am not angel but at least I tried a lot to be a good husband and talk about it but the problem that she need an employee not a husband. I think I going to give up soon if nothing change. My question is if I leave and go to my country, can I finish the divorce paper from there? And can I renew my green card from there? I mean remove the condition and get unconditional green card? So I can visit and see my son and how much money it cost?
7 ANSWERS
You can maybe complete the divorce from there (it depends on the laws of the country where you are going). As far as the conditional residence petition, you have to be in the US to file it and submit all the evidence. And even if you get it, you cannot reside in another country and just visit the US if you are a green card holder. You have to have permanent residence in the US and intent to reside permanently in the US. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Mar 27th, 2013 at 1:12 AM
Rebecca T White
You need to set a private consultation with an attorney before leaving the country or taking other actions. Leaving now could have a serious impact both on how often you see your son and your long term immigration status.
Answered on Mar 26th, 2013 at 10:54 PM
John Arthur Smitten
If the child is to remain in the USA you have to file here.
Answered on Mar 25th, 2013 at 9:09 PM
Adebola O. Asekun
Your case requires that you speak to a lawyer before you do anything. If you leave United States now, you may find that you are unable to return. It is possible you can divorce your wife while you are here in the US and still be able to get your permanent green card without leaving the US.
Answered on Mar 25th, 2013 at 2:05 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Too complex to answer by email. With regard to the divorce, talk to your divorce lawyer - who is the Petitioner? Is it amicable? With regard to renewing your green card and removing conditions you need a U.S. residence to do this, to be divorced, and prove good faith marriage so get a copy of your baby's birth certificate and other evidence of good faith relationship and contact an immigration lawyer to discuss.
Answered on Mar 25th, 2013 at 1:02 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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I can answer the first question. You have to be a resident of Wisconsin and of the county where you file the divorce for a certain period of time when you start the divorce. You do not necessarily need to stay in the U.S. However, negotiting the terms, especially if the divorce is contested, can be very cumbersome if you are living outside the U.S., As to green cards, I think you must consult an immigration lawyer.
Answered on Mar 24th, 2013 at 9:39 PM
If you want to keep your green card, you will need to stay in the US and have your conditions removed. It should be possible. See an immigration attorney.
Answered on Mar 24th, 2013 at 9:05 PM