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

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.

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Attorney answers 4


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 is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.


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

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.


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.

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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...

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