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

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.

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Attorney answers 3


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.