Jump to content
mirrortraveler

Getting ready for divorce and leaving the US - need advice.

7 posts in this topic

Recommended Posts

Hello guys, 

 

I'm really hoping this is the right part of the forum for this post, but I'm not sure. 

 

To make a long story short, I've been living in the US on a green card following marriage since 2015, and I filed the I-751 for Removal of Conditions in August of 2017. Approval (as expected) for a permanent green card is still pending and I'm currently on my second extension letter, according to which official, conditional residence has been granted until summer of next year. 

 

However, some things have changed. And I have decided to leave the US for good and go back to Germany permanently. The decision is made, and since my husband is just as adamant about staying as I am about leaving, we are planning on getting a divorce. We don't have any assets or children and we're in full agreement, so the Simple Dissolution of Marriage offered by the Clerk of Courts in our county in the state of Florida, seems adequate. My flight back to Germany leaves on the 8th of December, so we have to file the paperwork for the divorce rather quickly to say the least because it can take some time to get a court date. 

 

I am extremely nervous about this and full of questions. We are currently pretty much broke, too, so I'm trying to get some input from you guys before contacting an immigration attorney. 

 

First off, are we even doing it right? We both have to be present here in court for the divorce to take effect, right? There is no way to process this from overseas? I'm asking because I'm also nervous about what USCIS will do. If I get divorced now, but still have a few weeks to go before my flight, does that mean that I'm in the country illegally in the meantime? Does getting divorced now violate the conditions of my conditional green card holder status? Will my State ID still be valid? I really don't want to end up being arrested and detained here when I'm getting ready to leave, anyway. 

 

My other question is about filing the I-407, Record of Abandonment of Lawful Permanent Resident Status. I would like to do this, since, to the best of my knowledge, it will prevent a five to ten year penalty for leaving my permanent resident status behind, so I can visit the US in the future if I need to. Can I send it from Germany, or would it be better to send it from here while I'm still in the country? 

 

Thanks a lot in advance! 

 

 

 

 

  

 

Share this post


Link to post
Share on other sites

Well I know in my State you do not need to be in Court, best to ask your Lawyer how it works where you are.

 

I would file the I 407 when you get home. You do not have to be married to retain your GC.


“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.”

Share this post


Link to post
Share on other sites

You can file your own divorce papers and work with it through with your soon to be ex-husband.

 

I do not have the material on hand but hopefully doing some great research on finding good papers that provide an example of doing your own divorce papers is cheaper than going to a lawyer or a 3rd party to get it done. I had a book that does have this but I can't find it as it included other various things like updating the Living Will, etc. for the smooth process.

 

If I find it I'll let you know. It may take some time.


K-1 Visa process
Sent packet: August 10, 2018

USCIS Received package: August 14, 2018 - Follow the Sun!
Notification in text/email: August 17, 2018

event.png

Share this post


Link to post
Share on other sites

We're not planning on getting a lawyer. We don't need one. I just want to make sure we'll be safe to go through with the divorce without me having to worry about anything bad from USCIS. My husband printed out the simple divorce paperwork the other day and one of the questions asks if I want to go back to my maiden name. I do, obviously, but that would mean my name no longer matches with the name on my immigration documents, my State ID, etc. and I don't want that to get me into trouble for the last couple of weeks/days of me being here. I don't think it will affect my travel since my passport is still in my maiden name, but what about all the other stuff? 

Share this post


Link to post
Share on other sites

Your name change does not impact your immigration status.


“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.”

Share this post


Link to post
Share on other sites

Okay. Thank you, @Boiler! So, I'm guessing if we file the divorce papers on Wednesday of this week, and since it's a simple divorce form without anything additional, we can expect to get a court date fairly quickly. Once we have officially divorced, do I need to tell USCIS anything at all?

 

I mean, if I was staying, I would have to send an I-751 waiver since our jointly filed I-751 is still pending, right? But since I'm leaving on December 8th, it's pretty much just the I-407 that tells them that I'm willfully abandoning my green card? 

 

Thanks again. I just need to be sure. Don't want to leave anything up to chance. 

Share this post


Link to post
Share on other sites

Hmmm, nothing I can think of.


“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.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×