Can I divorce someone who lives in another country?

When your spouse lives out of the country, you can still file for divorce. Your state’s laws govern how to get divorced. When you file for divorce, you need to notify your spouse in writing and obtain his or her signature acknowledging the receipt of the documents. This is called service of process.

Can my husband divorce me in another country?

Based on reciprocity, a judgment of divorce from a state court in the United States generally would be recognized in a foreign country that has a secular legal system. You may wish to consult an attorney in the foreign country to determine if your U.S. divorce decree would be recognized there.

Can you divorce in two countries?

If you are residing in California, you may file for a divorce in a California court, even if your spouse lives internationally. You will be expected to serve them with papers notifying them of the divorce, but you are ultimately under the jurisdiction of California law and your proceedings can take place here.

Do you lose your green card if you get divorced?

Green card holders are usually unaffected by a divorce when they file another application or petition with U.S. Citizenship and Immigration Services if they are already a lawful permanent resident with a 10-year green card. There is usually no reason for USCIS to reevaluate your petition after a divorce.

Do you lose your green card after divorce?

If you divorce your spouse before your application for a green card has been approved by the U.S. government, your immigration process stops. Even if USCIS has already approved your immigrant petition, you lose your eligibility for a green card if one has not been issued to you yet.

How does a divorce affect my citizenship application?

A divorce will affect your eligibility to file Form N-400, Application for Naturalization, if you are filing on the basis of marriage to a U.S. citizen for three years. Even if you were married for over three years, you must continue to be married at the time of naturalization.

Can a permanent resident with a divorce apply for naturalization?

Permanent residents with a divorce should also understand how it affects the naturalization process. Even if you are eligible to file the naturalization application based on five years as a permanent resident, you are giving USCIS a reason to take another look at your file. We cover the topic of naturalization in the next section.

Can you get a divorce in more than one country?

If there is more than one country that you can divorce in, the court will usually decide if you have a strong enough connection to the country that you are applying to divorce in and as long as your ex agrees the divorce will continue in that country.

What happens to my immigration rights if I divorce my husband?

It doesn’t give you any immigration rights. So if a U.S. citizen spouse or permanent resident has filed an I-130 petition for you, but you then divorce, you will not be able to take further steps toward U.S. immigration.