How can I get divorce if I didn't file for changing my status and my I-94 expired?

Asked about 1 year ago - Phoenix, AZ

I got married to US citizen two months ago, and I wonder if I could get divorce and how can I do it (what steps should I take) because my I-94 expired 3 months ago. I got married in Arizona. Also, if I marry again would it be problem for adjusting my status because of previous marriage. To mention again, I didn't file papers to adjust status and employment authorization.

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Anyone physically present for at least 3 months and within the jurisdiction of the family court in question has the legal right to file for a divorce regardless of one's immigration status (or lack thereof). One's immigration status is irrelevant for family / divorce court purposes.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . You didn't tell us what kind of I-94 you have.

    If you didn't try to adjust status based on your short-term marriage, you will be fine if you re-marry ... as long as you can convince the immigration officer of the validity of your 2nd marriage.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Alexander Joseph Segal

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The same way you could, had you done it and you I-94 was still valid - petition the court of applicable jurisdiction for a divorce.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more

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