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Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Posted

My husband and I got legally married in Singapore and we currently reside in the US. He's a USC and I'm a GC Holder. I want to divorce him asap and leave the country. Other than him, there is no reason whatsoever for me to stay. Should I file for divorce here in the US or in Singapore?

Interview date: May 2, 2013
POE: May 2013

Filed: K-1 Visa Country: Wales
Timeline
Posted

Something to discuss with your Divorce Lawyers.

I would imagine there could be pros and cons either way.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Posted

I'm going to file in california. I just want to leave already but our assets are here and there will be issues with service etc if I file from overseas. My conditional two year GC expires in May 2015. Does anyone know if I'm allowed to overstay just by a few months to get the judgment of dissolution? Or will this be a major issue for me in the future? I don't want to be on the wrong side of the law, it's just I don't want the 10 year green card, I want to leave ASAP after the divorce is final.

Interview date: May 2, 2013
POE: May 2013

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

you should check for california process,

and know the duration of time between:

1. petition filing

2. evidenciary hearing

3. final prove up then

4. divorce decree granted.

It may be, this duration is longer than you think.

This info can be found on most COUNTY websites, as you'd be filing with the COUNTY for the divorce.

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Filed: Country: Monaco
Timeline
Posted (edited)

You should file where you live. A California divorce will be easier on both and if there are no kids or assets to be divided it is a DIY process.

My husband and I got legally married in Singapore and we currently reside in the US. He's a USC and I'm a GC Holder. I want to divorce him asap and leave the country. Other than him, there is no reason whatsoever for me to stay. Should I file for divorce here in the US or in Singapore?

Edited by JohnR!

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Filed: Timeline
Posted

California divorce takes a minimum of six months to obtain, assuming there are no issues. You do not need an attorney but before you DIY you should be sure you understand all of the steps. Not being in the country at the end could make that problematic, particularly if something comes up. I can't speak to extending your time past the May deadline.

Posted

I'm going to file in california. I just want to leave already but our assets are here and there will be issues with service etc if I file from overseas. My conditional two year GC expires in May 2015. Does anyone know if I'm allowed to overstay just by a few months to get the judgment of dissolution? Or will this be a major issue for me in the future? I don't want to be on the wrong side of the law, it's just I don't want the 10 year green card, I want to leave ASAP after the divorce is final.

Once your conditional GC expires so does your LPR status. You will be in the US illegally accruing over-stay time. As long as you leave the US before reaching the threshold for a ban it will not impact your future travel plans to the US too much. You could make an infoPASS appointment to see what the USCIS recommends and if they might be willing to issue you a temperary I-551 stamp that extends your LPR status until the divorce is finalized or 6 months--its a long shot. If you have no plans to return to the US for at least the next 3 years then a 3 year ban will not impact you too much--that typically starts after 180 days of over-stay.

Good luck,

Dave

 
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