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Divorce and immigration, husband and wife are legal aliens, getting divorced in U.S.

Asked over 3 years ago - Troy, MI

I am currently here on an L1 Visa, with my wife accompanying me on an L2 Visa. We have virtually no assets that have been attained during our marriage, have been married just over one year, and my wife is relatively "well off" and can support herself from assets/monies she attained prior to marriage.

If I would like to divorce my wife while I am still in the states on my L1 Visa, 1) can I do it, 2) What effect would any judgement of divorce have have on her L2 status, and 3) Would she be eligible to receive a spousal support judgment? If so, how would she go about enforcing it since she is not a citizen?

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Attorney answers (1)

Alex Meyerovich

Reputation Level 11

Answered over 3 years ago. Immigration Attorney in Bridgeport, CT.

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You can file for divorce in the state court regardless of your legal status in the US. The final divorce judgment will terminate your spouse's L2 visa and she should consider changing her non-immigrant status prior to the final divorce decree or returning to her home country to avoid accruing unlawful presence in the US. Your spouse might be eligible to spousal support depending on the circumstances of your particular case. You should consult an experienced family attorney in Troy to discuss specifics of your case. One does not have to be a US citizen or resident to enforce the US court judgments.

For more information about US immigration please visit us at www.uslegalvisa.com

Best of luck,

Alex Meyerovich

www.calldivorcelawyer.com

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