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  1. #1
    Join Date
    Feb 2011
    Posts
    11

    Default Divorce and its Consequences on Resident Status

    My question involves a marriage in the state of: Maryland

    I live out of US. A few years ago I was married to a US citizen. Visa process etc was started. I got green card and went to USA. But then due to some unavoidable circumstances back home I had to return. I was unable to come back to US again. Meanwhile my husband filed for divorce in US. My green card expired about a year ago.
    I am almost totally unaware of legal matters. Can someone please help me with this situation? What should I do about my green card?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce and its consequences on residence status

    If you have been living outside of the US for over a year, you have almost certainly abandoned your LPR status and if you wish to return as an LPR you'll have to start from scratch.

    What is it you're trying to accomplish?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Feb 2011
    Posts
    11

    Default Re: Divorce and its consequences on residence status

    I just want to know my position. Theres no point of returning I guess, when the relationship that was the basis of it is going to end!
    I was just concerned if it would give me any trouble if sometime later i wanted to visit US, for any reason.
    And being out of country i myself cant follow the case, can I? How do I know I am not at a disadvantage then?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce and its consequences on residence status

    Well...since you live outside of the US and have for some time, presumably there aren't any issues with custody (of children) and marital assets? So I'm not sure how you'd be at a disadvantage?

    As far as returning to visit, you'd be treated the same way as any other tourist - you'd have to (if questioned) convince Immigration that you are just visiting and intend to return to your home country. If you're from a non-VWP country you'll have to go through the same visa process as anyone else.

    Hope this helps.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Feb 2011
    Posts
    11

    Default Re: Divorce and its consequences on residence status

    Thanks a lot for explanation.

    Another question, can the divorce process be completed (in court) without me being involved. There are no children and as such no assets of great worth. But there were some personal belongings (including expensive Jewelry) that i had left behind and was never returned. He sold my jewelry and used the money for his own purposes. That was actually gifted to me from my parents on my wedding. They both died in 2008, their death was the reason i had to come back. Being the eldest it was my responsibility to take care of my younger siblings. But he just ignored my situation and pressed me to come back. When i couldn't, he threatened me he'd divorce me. It hurt me a lot today when I learned the fate of my wedding gift from my parents. He's hurt me a lot, he left me alone in my ordeal. I just don't want to let him get away with it.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce and its consequences on residence status

    Yes, the divorce can be completed (by default) without you being present.

    Unfortunately I cannot see any recourse unless you come back to the US, and sue him in Small Claims Court (or another court) for the value of the items you owned prior to you marriage.

    (You would have to sue him where HE lives - not where you live)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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