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How to handle the divorce process correctly in order to be able to renew my green card in future? Thank you everybody I advance

Brooklyn, NY |

I'm a Russian citizen married to an American citizen. I received my green card through marriage on 3rd of November, 2012. We are going through a divorce right now and even though I realize I'll need an attorney, I want to hear multiple opinions about how to handle this divorce process correctly in order to be able to renew my green card (in almost 2 years) with a prospective to receive a citizenship. Also, when traveling, for how long can I stay outside of the U.S. and for how long do I need to stay inside the U.S.

Attorney Answers 5


  1. Best answer

    You received your green card very recently. Divorce will certainly complicate things. Eventually you will be filing your I-751 with a divorce waiver and you will have to show that your marriage was bona fide and that you are fully divorced. You definitely should be working with an attorney and it may not be a bad idea to start speaking to someone now.
    As far as traveling - not more than 6 months.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  2. It is best to get an answer in person rather than on a forum to a question such as yours, since a lot of factors will determine you chances of receiving a permanent green card after a divorce is final. One thing is for sure, you will need an actual judgment of divorce before you will be able to file I751 yourself asking for a waiver of joint filing requirements. Seeing how currently in Brooklyn, NY divorces take as long as 6-8 months to be granted, you should think about getting that done as soon as possible. Do not travel outside the US for a period of longer than 6 months. I suggest you retain an experienced immigration attorney who will help you with the divorce and subsequently with filing of the I-751. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.


  3. I agree with the prior responders. Schedule an appointment with an experienced divorce lawyer to assist you with the process.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  4. You need the divorce and than you will need to prove to immigration the marriage was made in good faith. My firm handles divorce and immigration issues in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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