bringing it all back home

[liblab83 0]

came to US on K-1 visa and married for just over a year. We've been to the final interview and green card is in the post. But the marriage has been going very badly for quite some time now and it doesn't look like it's going to recover at all. I just want to go. What's the situation? What sort of time limits are there to just leaving? How will this affect divorce etc? I don't have any particular need or want to stay in the US. I don't ever want to get married again. I think that we are mutual about this. That we would get a divorce without trying to mess with each other. Not entirely sure about that but.... I have nothing at all, so I don't have anything to try and grab.

[I+H 11]

If you don't want to be here any longer just leave. As far as reporting anything to USCIS I honestly do not know. I do know that you can leave the US any time you like.

[Krikit 1,165]

If your GC is in the mail then you don't have any restrictions on a departure deadline. You are good until the expiry date on the card. There is a process to go through to surrender the card. I believe you can find that info on the Embassy website in London. Or do a search in the Effects of Major Changes Forum. I am going to transfer your thread there from the K-1 Process forum. Best wishes, and I am sorry things didn't work out.

[az110965 252]

I'm very sorry for the trouble you're having - but you sound like a level headed person with no axe to grind, and that's a great thing.

I assume by your post you filed for AOS and had your interview. If that's the case then your greencard should be on it's way to you shortly.

Here is where it gets dicey. If you want to maintain your LPR status you can not spend more than 50% of your time out of the USA or you will have been considered to have abandoned your residency. I know you spoke of not wanting to be here, but now that you've acheived LPR status you truly need to consider your options.

If your intention is that you won't return to live here then when your greencard arrives just come and go without regard to how much time you are present in the USA. However, if you feel that you may indeed want to live here in the future - be cautious as to your time split between here and the UK.

I know it may seem NOW that you have no interest in ever marrying again, please believe that most of us have had those same exact thoughts at one point in our lives and we have come to change our minds when our hearts healed.

Good luck!

[Krikit 1,165]

Here it is: Abandonment of Lawful Permanent Resident Status (I-407)

[JoannaV 174]

Green card in the post: that means you needn't think about immigration at all right now. Focus on your marriage, see if there is any counselling that would help. If you decide to divorce, focus on getting that all sorted. Once that's done you can leave the US and formally abandon your green card.

If you want to spend some time in the UK now that is fine, but I'd advise you to avoid losing your green card before you've worked out what you're doing with the marriage/divorce. I'd assume it would be simpler to figure out the divorce initially whilst still residing in the US.

[liblab83 0]

Thank you for all your comments. it means a a lot.

[liblab83 0]

I am wondering if anyone has any more information for me.

I have now received my green card.

As far as I am aware my spouse and I can file for a Summary Dissolution; I am pretty sure that we qualify.

What I'd like to know is:

1) Once it is filed can I then leave the country?

2) I have seen that filing for divorce can be done online (cheaper) but are those sites genuine? Some of them look a bit dodgy to me.

3) If I just get up and leave and thus my partner presumably eventually files for annulment because of abandonment - how do I ever get the papers to be legally considered no longer married?

Basically I'm looking for the most hassle free way of getting out of this situation (and I am fairly certain my partner is too). If I need to hang around to see the divorce through then that changes things somewhat (I need to move out of where we are living together at the moment for example, which requires significant funds, whereas if I can file and then leave straight away I can leave at the end of the month etc).

Thank you in advance for anyone taking the time to read and reply.

[JimVaPhuong 4,863]

1) Once it is filed can I then leave the country?

You can leave anytime, but a divorce will usually be completed more quickly if both parties are available to respond to the court.

2) I have seen that filing for divorce can be done online (cheaper) but are those sites genuine? Some of them look a bit dodgy to me.

Unless they're "official" government websites then they are only taking your money in order to fill out the paperwork for you. Only the family courts in your state can grant a divorce.

3) If I just get up and leave and thus my partner presumably eventually files for annulment because of abandonment - how do I ever get the papers to be legally considered no longer married?

Marriages are rarely annulled for abandonment. Annulment is usually reserved for cases where the marriage should not have been granted for legal reasons, or where the marriage was never consummated.

Your spouse can still file for divorce even if you're not present. The laws vary between the states, but there's usually a requirement that the spouse who files must attempt to serve the other spouse with a divorce petition. If the other spouse can't be located, or isn't in a jurisdiction where they can be served with legal papers, then the courts usually require a public notice to be posted, followed by a waiting period. When the waiting period expires then the court will grant the divorce by default. Some states also have a mandated period of legal separation before a divorce will be granted. Consult with a divorce attorney in your state.

[sib 7]

Looking at your profile, I guess you are in Virginia.

I found this website regarding divorce in Virginia: http://www.divorcelawinfo.com/VA/divorce/divexpln.htm

You can file by yourself together with your spouse and I guess you can leave afterwards though I probably would stay until the divorce is final. If there are no kids, I guess it takes 6 months.

Is it possible for you to get a job so you can support yourself?

Wishing you luck.

Sib

[clueless55 18]

I'd get the divorce finished if possible before leaving the US. The quickest legal state to get divorced is Nevada, with a 6 weeks residency period, and if your wife is willing to agree to a no fault divorce, and sign it, (only one of you has to be in Nevada) you can have it over with in two months. You can file on your own in Nevada, or a paralegal can do it for a modest cost.

[liblab83 0]

I don't think moving to Nevada is practical for me.

We definitely qualify for Summary Dissolution, which means no court appearance.

I'm wondering if I can file and then leave and nothing more is needed, other than a 6 month wait.

[himher 634]

This is the best way.

Get a cheap attorney to represent you (usually like $500 for no fault, no contested divorce). Then you can be served through your attorney and the final divorce papers will be sent to him/her and he can sign divorce related stuff on your behalf.

You will need those divorce papers LOL........someday you MIGHT get married again and if you don't get them when they are generated then it will be a cast iron ####### to get them from the court and have them sent to you overseas at some later date.

Good luck

I don't think moving to Nevada is practical for me.

We definitely qualify for Summary Dissolution, which means no court appearance.

I'm wondering if I can file and then leave and nothing more is needed, other than a 6 month wait.

[canuckbos 10]

came to US on K-1 visa and married for just over a year. We've been to the final interview and green card is in the post. But the marriage has been going very badly for quite some time now and it doesn't look like it's going to recover at all. I just want to go. What's the situation? What sort of time limits are there to just leaving? How will this affect divorce etc? I don't have any particular need or want to stay in the US. I don't ever want to get married again. I think that we are mutual about this. That we would get a divorce without trying to mess with each other. Not entirely sure about that but.... I have nothing at all, so I don't have anything to try and grab.

You can leave anytime, you must surrender your GC.

Your spouse can obtain an inexpensive divorce without you being in the US; BUT, make sure you get a certified copy of the divorce once it is done. I was in your shoes 35 years ago and did not have a copy of the divorce papers and just this year I remarried a USC and guess what paper I had to come up with... that darn copy of a divorce granted in 1979... it wasn't easy but it did show up after a lot of leg work on the part of myself and my ex. (We were at least still on speaking terms.)

Good luck in your travels, you never know where life's journeys will take you, I could never have predicted even 5 years ago I'd be back in the good ole' USA happily married to my USC.

God Bless!