QUESTION
Can I get a divorce here in the US if the marriage was contracted overseas and will that affect my status?
Asked on Oct 10th, 2016 on Immigration - New York
More details to this question:
We got married overseas. My husband was a US citizen at the time of the marriage and I was a citizen of the country the marriage was contracted in. We resided in that foreign country for 5 years and adopted 2 kids. We moved back to the US (his country of citizenship) and took residence for more than a year. He has not filed for change of status for me or our 2 adopted kids (we came on visitor’s visa that have expired for months). I want a divorce. What will be my status and that of our kids when we divorce and what benefits are we entitled to? Do I have to leave the US with our kids?
1 ANSWER
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You can get a divorce in the U.S., and, most likely, can obtain permanent resident status here without the need to leave the U.S. Neither of these tasks should be attempted without professional assistance, so you really should find an attorney. If you cannot afford one, call the local bar association and ask for a referral to an attorney who would take your case on a reduced fee basis or without a fee. It would be best to give this matter a high priority as the longer you and your children remain in the U.S. without any legal status, the more problems can accumulate with your case.
Answered on Nov 03rd, 2016 at 6:33 PM