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Divorce during the K1 process...

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armor
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Posts: 2
Joined: Fri Sep 25, 2009 6:03 pm

Divorce during the K1 process...

Post by armor » Fri Sep 25, 2009 6:34 pm

Hi

I'm a french citizen, living in North Carolina since Jan. 2007. I came in the U.S. with a K-1 visa and married my fiancée in Mar. 2007.
Now, my 2 years Permanent Resident Card is about to expire next Nov and my wife and I both agree to stop with the visa process and separate. We have no asset and no children in common, so we want to keep the divorce procedure as simple as possible.
I'm going back to France at the end of Oct. and I'm trying to figure out how this divorce procedure can take place.

Does anyone know if our marriage is going to be annuled after my permanent resident status is over? Or do we have to start a divorce procedure like the "No-Fault" divorce?
And since I'm heading back to France, will I have to come back to the U.S. at any point during the divorce?

Thanks for your help. If you know another place I should rather go to get more informations about the subject, please let me know about it. I just can't afford any lawyer right now...

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: Divorce during the K1 process...

Post by Marco 72 » Fri Sep 25, 2009 6:56 pm

armor wrote:I'm a french citizen, living in North Carolina since Jan. 2007. I came in the U.S. with a K-1 visa and married my fiancée in Mar. 2007.
Now, my 2 years Permanent Resident Card is about to expire next Nov and my wife and I both agree to stop with the visa process and separate.
First of all, you are not on a visa: you are a lawful permanent resident (LPR). Even if you and your wife get a divorce, you don't have to leave the US. You can still file for removal of conditions, provided that your marriage was entered into with "good faith". So you don't have to go back to France - unless you want to.

armor
Newly Registered
Posts: 2
Joined: Fri Sep 25, 2009 6:03 pm

Post by armor » Fri Sep 25, 2009 7:23 pm

Thanks Marco.

As a matter of fact, I do want to go back to France. My concerns are more about how the divorce procedure can work out since I'll be back in France and my wife will stay in the U.S.

I guess my question isn't really about US immigration, but I don't really know where else to look...

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