Potential divorce after K-1 AoS

[ohspectrum 0]

Hi all. So I moved to the US on a K-1 visa in November 2015, my wife and I were married in Jan 2016, and I got my AoS in July 2016. Recently, though, our marriage has been problematic and we're not getting on as well as I'd hoped.

 

My green card expires in July 2018, and my question is this:

 

If we were to file for an uncontested divorce, would that typically be resolved before my green card expiration in roughly 14 months time? If not, and I decided to move back to my home country (the UK) when the green card expired, how would the divorce process continue? Can it be completed while I'm back in my home country? Do I need to stay in the US for the entirety of the divorce process?

 

Many thanks.

[zilchfox 296]

I think it depends entirely on how complicated you decide to make the divorce for it timeline-wise (simple separation, or are you guys gonna get down and dirty with financials, property, etc.). Yes, the divorce proceedings can still continue while you're abroad, not sure if you'll need to make any trips back, however. I wish I had a better answer for you, but I don't plan on divorcing, ever, so I've never looked into it.

 

If you wish to move back to the U.K., totally understandable as to why, however just an FYI to let you know that if you wanted to and once you have your divorce decree (and haven't moved from the U.S.), you can actually file for ROC (Removal of Conditions) at any time before your green card expires, as you won't be restricted to filing 90 days prior — obviously don't do this if you ultimately wish to move back home.

Edited May 12, 2017 by zilchfox

[ohspectrum 0]

1 minute ago, zilchfox said:

I think it depends entirely on how complicated you decide to make the divorce for it timeline-wise (simple separation, or are you guys gonna get down and dirty with financials, property, etc.). Yes, the divorce proceedings can still continue while you're abroad, not sure if you'll need to make any trips back, however.

 

If you wish to move back to the U.K., totally understandable as to why, however just an FYI to let you know that if you wanted to and once you have your divorce decree (and haven't moved from the U.S.), you can actually file for ROC (Removal of Conditions) at any time before your green card expires, as you won't be restricted to filing 90 days prior — obviously don't do this if you ultimately wish to move back home.

 

That's great feedback, thanks very much.

 

We don't have any shared assets except a joint bank account that we'd split 50/50, so it should be pretty simple. And if we divorce I don't plan on filing for ROC, as ultimately I'd return back to the UK and stay there.

[zilchfox 296]

4 minutes ago, ohspectrum said:

 

That's great feedback, thanks very much.

 

We don't have any shared assets except a joint bank account that we'd split 50/50, so it should be pretty simple. And if we divorce I don't plan on filing for ROC, as ultimately I'd return back to the UK and stay there.

Sounds good. With that said, you should file I-407 — Record of Abandonment of Lawful Permanent Resident Status when you're finished with being a permanent resident, as this will allow you to inform USCIS that you are voluntarily abandoning your status, it'll keep you in their good books at the very least. If you're nearing the expiration of your green card, then don't worry about filing I-407, as it'll auto-abandon itself anyways.

[Ash.1101 1,756]

Honestly, in Texas I did an uncontested divorce with my ex, had him sign a waiver of rights (to make it TRULY uncontested), and even without a lawyer it took 6 months. With a lawyer, it could have been 2-3 months.

Look up the divorce laws in your state.

[ohspectrum 0]

On 5/13/2017 at 10:34 PM, Ash.1101 said:

Honestly, in Texas I did an uncontested divorce with my ex, had him sign a waiver of rights (to make it TRULY uncontested), and even without a lawyer it took 6 months. With a lawyer, it could have been 2-3 months.

Look up the divorce laws in your state.

Thank you for the advice. I'll be sure to look up the laws.