What to do if I need to get a divorce from a non US citizen that has a temporary green card?

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What to do if I need to get a divorce from a non US citizen that has a temporary green card?

I live in the US but we got married in the Dominican republic. She has been here for 14 months and her green card expires in 10 months. She also has her 8 year old daughter here living with us. I don’t think I can stay in this relationship another year, even for her daughter. What will happen if we divorce now? How long does a divorce take? She says she doesn’t care if we divorce but I don’t know if she really means that or if the divorce will be uncontested.

Asked on November 6, 2011 under Family Law, Connecticut

Answers:

Ling Dai / The Dai Law Firm, PLLC

Answered 10 years ago | Contributor

If you are divorced while she still has the conditional green card, it is possibile that her status could be terminated by the expiration date. However, she can file a petition to remove her conditions on the residence if she can show that the marraige was entered in good faith, but ended in divorce or annulment.  The time frame for finalizing a divorce depends on jurisdiction and specific courts. In Texas, there is a mandatory waiting period of 60 days after a petition is filed. You may want to consult a family law attorney in your jurisdiction.

Hope this helps.


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