My wife entered this country via the K-1 Visa. She has not applied for the green card .

Asked about 1 year ago - Sarasota, FL

Our question is: can we divorce and may she leave the USA legally without any problems. Will she need any other documents besides her passport and divorce decree? Or can she just leave while we are still married and then sign the divorce documents in her country? Thank you very much.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    10

    Lawyers agree

    Answered . You can divorce and she can leave if this is what she wants to do.

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

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . This is an immigration question. If you have not done so already, you may want to repost your question in the immigration area of Avvo. Best of luck.

    This answer is for general informational purposes only and should not be relied upon for your particular case nor... more
  3. Jeff L. Khurgel

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . Absent other facts, she won't be prevented from departing. Regarding the question of where she can divorce, she'll want to talk to a divorce law attorney in her home country and ask them if it is possible to divorce a U.S. citizen from that country. If they say no, she may want to finalize the divorce here. States have differing residence and other requirements that must be met in order to file for divorce. Therefore if she chooses to divorce in the U.S., she'll want to talk to a divorce attorney in the state in which she resides. Best of luck.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
  4. Alena Shautsova

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You can get divorced, she can leave the country; if she does not have any independent status, she will probably be "illegal" in the US...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

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