This may sound like a dumb question but my husband and I are getting a divorce, do we consult an immigration lawyer? Or will any divorce lawyer be enough? He is the USC and I have my 2 yr GC. I will be petitioning for permenant residency based on a good faith marriage. Things just didn't work out for us and we mutually agreed to end things. It's been a rollercoaster of emotions and now we have reached a place where we can finally start the divorce process and move forward. We just don't know if we need an immigration lawyer or a divorce lawyer or an immigration divorce lawyer. Is there such a thing? Please help.

Thanks,
Laura

An attorney practising Family Law will be able to provide divorce services. You could just query what your case looks like with an immigration attorney, if you are unsure of whether you have sufficient evidence, but I think it is not essential, unless your case is out of the norm.

Yah, I would suggest you just need a divorce attorney. If there was anything unusual, they could always consult an immigration attorney on a need to know type thing.

I have couple questions too..

I am USC and my wife came to US Oct 24, 2007 (After she came in she got 2 years permanant green card) and we are getting divorce right now and she wants to go back to her country...

As a USC do i have to file anything or send any information to Immigration????
Very important...!

Also, she is going back to her country, but she wants to come back and stay... Can she do that???

If the answer is yes, would you please give us some informaiton???

Thanks for helping...

First of all, sorry things have not worked out for the 2 couples above. I'm not an attorney; however, I have gone thru' divorce and dealt with several attorneys. Laura & Truthonlytruth, it seems like both of your marriages have been short, and therefore will not be as complex to dissolve (no children, property, etc). So far both parties in both cases seem to agree on going their separate ways (hopefully, amicably). You can learn about the process at the Family Law Assistance Center at the court you will file your divorce papers. Involving lawyers usually complicates & lengthens the dissolution process, & will surely drain you financially. If you really think you need a family lawyer, contact some who volunteer their legal services at some of the courts. They will give you adequate assistance (free) as you begin your separate lives over. I wish all of you well.

If she wishes to abandon her immigration journey and move overseas, she would be best served to formally relinquish her green card, using form I-407. (copy of one link is here http://london.usembassy.gov/dhs/forms/I-407.pdf). This way future tourist visits would be possible.

Please take this in the spirit it is intended...humorously...but shouldn't the caption and title of this thread read more like, "Spouse Immigrating...do I need a divorce attorney?"

One with dyslexia might read it that way...

Actually, that title would be incorrect. Sounds like you are still on your soapbox.

I'll probably be kicked out of the club for this, but I thought it was a funny play on words.

(Current mood: Merciful.)

Oh I'm sure it was a play on words, but considering the current point of view....

You need to change your thing over your box thingies...
wow I'm a loser.

Yep, I know. Believe me, I have my +1 Unholy Hammer of Judgment dialed all the way to 11 at all times for maximum poundage. But I'm all for a little levity too.


I'm back to judging. You.

HUGS!
Are you at work still? you aren't answering my msn's!

Home now.

I did not get any comment on this... anyone please....

Thanks

Until the alien leaves the country permanently and as a consequence satisfies the termination of obligations of the Affidavit of Support, you would still be required to file any change of your address with USCIS on form I-865 (Change of Address for Sponsor)

I am sorry,
I am still not clear about what i have to do...

She is leaving the country and we are divorced...

Do I have to file anything to immigration? Can i just say we divorced and i am not going to support her anymore and so on????

Any comment?

As far as I know there isn't any form one files when the immigrant spouse leaves the country upon divorcing. Can't fimd it at the moment, but I believe if the immigrant leaves the country then support is not required. I'm sure someone will come along and correct me if I am wrong....they always do.
-----------------------------------------------------------
Ah, here's the post I was looking for. Thanks Kez

The only way that the USC is "off the Hook" when it come to the Affidavit of Support is:-

1 The immigrant leave the USA permanently

2 The immigrant acquires 40 credits (10 years of Work)

3 The immigrant becomes a US Citizen

4 The immigrant dies

5 The USC dies

Once she is determined to have abandoned her immigration process, then you will no longer be responsible for the obligation under the Affidavit of Support. Now, typically, when an alien already has a green card and then decides to return to living abroad, if the alien is certain that he or she will never wish to return to reside in the USA and most certainly if the alien wants to have the option of vacationing in the USA as a tourist, the best way is to surrender the green card. By doing this, USCIS knows instantly that the alien is no longer going to consider the USA his or her permanent residence. In cases where the alien wishes to surrender, he or she files an I-407 form with USCIS. Once received, this puts USCIS on alert that the alien's last departure record would be his or her last as a green card holder. The sponsor can then be relieved as liable under the Affidavit of Support.

If the alien chooses not to surrender the green card, the trickle down of information takes much longer. For example, USCIS would have to come to the conclusion that the alien has relinquished the USA as his or her home, by way of being outside the country longer than is permissible as an LPR.

In the case of a sponsor, who has no influence over the alien's choice to surrender a green card, but wishes to be absolved of the responsibility of the Affidavit of Support sooner rather than later, then a letter to the Service Centre and local Office in your jurisdiction, informing them that you will not be jointly petitioning for any future benefits with the alien as the alien and you have since divorced, and as far as you are aware she has indicated her interest in returning to her homeland, would not be at all out of place.

That's what i was looking for...

Thank you diadromous mermaid...

Good day...

I follow up question:

we got divorced and she changed her last name back to previous last name and left US...

What can she do to continue keep her green card and so on...

I need answers on these:

1. Name change (What form should she file to Immigration?)
2. Address change (Should she keep the current address (it is fine with me)? or should she give an address out side of US?)
3. Does she have to come back to US every year to keep her current status - what is the presudure on this?

Thank you for you answers...

Does she have a conditional or a permanent green card?

Does anyone know (or can point me to the information) how long of time is permissible to leave the country with a conditional green card?

thanks!

A CGC holder can leave for up to a year without the need for a re-entry document, but re-entering within a certain timeframe does not guarantee that PR has been preserved. They are two separate functions.

Thanks for the quick response.

And, of course, USCIS et al. don't have any guidelines as to what is acceptable because each CGC holder is handled on a case-by-case basis.

Well the standards are consistent, but the decision discretionary. The alien must demonstrate that he or she is maintaining the USA as his or her primary and permanent residence. There are many ways that this can be accomplished, but some crucial ones are to file US tax returns, maintain US residence and address, spend more time in the USA than elsewhere, if there are children register them in school, participate in voting when applicable, if a job is taken outside of the USA, the job should be of a temporary nature etc.

Then my soon-to-be-ex-wife may have some problems getting her conditions removed. Her child is registered in school in Russia. While her Texas ID card has her address here, she's been gone for over 3 months - her daughter over 5 months, and has no bills, utilities, or any other documentation that she is maintaining the USA as her primary and permanent residence. I pay all the utilities as part of the temporary orders until the divorce is final. Then she has no home or address here. She is on the tax return (just because we're not divorced yet). Dunno about job, but she's living off of me and spousal maintenance $$$ for now, so I really doubt she has a job. The only job she had here was maybe a month - and she abandoned it without telling them so she could go to Russia for the holidays (and is still there). Not exactly a beacon of hope. Couple that with the police report filed for domestic violence (assault and battery), I'd guess she's looking at a somewhat difficult removal of conditions.

Permanent...

Thanks

Permanent...

Thanks