IR1 and divorce

[venom322 0]

Hello guys,

I'm here for some quick expert advice.

Here is a quick run down of my situation: Married since June, 2005. Have a daughter born Jan, 2006 (honeymoon baby). I did voluntary departure Jan, 2007. I came back with an IR1 visa on Oct, 2010 courtesy of my wife. Unfortunately, the time away (almost 4 years) put a strain on our relationship. She claims she no longer loves me and is currently seeing some other guy. We currently live apart.

Now, is there a certain time period we should wait before filing for divorce? I have been in the country for 3.5 months only, and all though our marriage was legitimate and based on love, we dont want immigration to think otherwise and give us any hassle in terms of my legal status.

Thanks in advance for your responses.

[YuAndDan 153]

Depends on state, some require a period of separation before a divorce.

This will not affect your green-card, it is a ten year un-conditional card. Your spouse also cannot withdraw I-864 affidavit of support either.

Make sure you file an AR-11 and/or Change of address with USCIS if you have not done so.

[VanessaTony 3,567]

Hello guys,

I'm here for some quick expert advice.

Here is a quick run down of my situation: Married since June, 2005. Have a daughter born Jan, 2006 (honeymoon baby). I did voluntary departure Jan, 2007. I came back with an IR1 visa on Oct, 2010 courtesy of my wife. Unfortunately, the time away (almost 4 years) put a strain on our relationship. She claims she no longer loves me and is currently seeing some other guy. We currently live apart.

Now, is there a certain time period we should wait before filing for divorce? I have been in the country for 3.5 months only, and all though our marriage was legitimate and based on love, we dont want immigration to think otherwise and give us any hassle in terms of my legal status.

Thanks in advance for your responses.

Agree with the previous poster. Some states have a waiting period before the divorce can be filed, and some before the decree can be issued. In Iowa (my state) there is a 90 day waiting period before the decree can be issued. I know another person's state (can't think of the state) has to have a year of legal separation before the divorce can be filed. Speak with a lawyer to find out what your states requirements are or at least what you should get started.

Congrats on having a honeymoon baby and happy to read she's doing okay even though she must've been about 1-2 months premie, nowhere near as scary as it would have been years ago.

[venom322 0]

Thank you very much for your replies. I live in California, and as far as I know California is the least lenient state in terms of divorce but I will still seek lawyer advice based on yours.

Again, thanks.