Divorce during pending I-751 in California

[OldUser 10,490]

4 minutes ago, JeanneAdil said:

True but its not 6 months waiting from time of separation as it is in other states (NY is a year) , its 6 months of living in the state 

There's no 6-month waiting period. The earliest a couple can divorce is 6 months from the day the other spouse was served divorce papers or responded in court. This is a waiting period. There isn't one for a legal separation.

 

Source:

https://selfhelp.courts.ca.gov/divorce-california/legal-separation

 

[OldUser 10,490]

13 minutes ago, EvaT said:

 

Unfortunately I cannot give whatever USC wants, since there are two young kids involved... and what I am afraid of that he may actually use this immigration process against me. 

Yes, it will be used against you. And this makes the process very tricky. You need to get divorce lawyer ASAP.

You may be at losing end when it comes to divorce terms, but major compromise on your end is likely needed to secure your stay in the US.

 

Of course, not saying give up your kids etc. But you have major disadvantage because of I-751 and may need to find a solution with USC.

 

Make sure you're clear about your immigration with divorce lawyer. Most of them would be treating you like they would a US citizen - trying to get you a better deal. You may not have luxury of time to go back and forth too much.

 

By the way, I'm really sorry you're going through this, it must be hard

Edited Friday at 05:56 PM by OldUser

[Boiler 48,004]

Are the children yours?

[Boiler 48,004]

Dont forget the I 864