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Mike2011

Divorce after getting Green Card

By Mike2011 in Effects of Major Family Changes on Immigration Benefits

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Mike2011 Newbie

Mike2011   0

Posted
Filed: K-1 Visa Timeline
Posted

My wife is from India. I applied for a K-1 (Fiancee visa) for her. After going through the whole process, she finally arrived in the U.S. in March last year and we got married in a local court here in May 2010. Things have changed since then and it looks like that we won't be able to live together at all. She has no intention of staying in the U.S. and wants to go back. The good thing is that she is willingly ready to sign any legal divorce papers before going back to India to live with her family. Could someone please tell me what sort of step by step process I should follow? After getting a divorce, would she be able to use her green card to go back to India or would she need a visa?

I would appreciate if someone could help with the following questions:

1) What process should I follow to get divorce in order to avoid any legal or immigration related issues in the future?

2) How long does the divorce process takes and do I need to inform USCIS of our divorce (return the green card or something)?

2) What would my wife need in order to go back to India once we get divorced (old passport, divorce certificate or green card)?

Thanks in advance.

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Did you file for AOS?

Does she have a Green Card?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
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1) Divorce rules vary from state to state.

2) A few weeks, to 6 months or more depending on state. No need to inform USCIS other than do it in India see my answer to #3

3) If have green-card, spouse should turn it in at the consulate, and relinquish residency status. http://newdelhi.usembassy.gov/uscislawpermres.html

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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