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  1. #1
    Join Date
    Oct 2014
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    1

    Default Divorce when Both Spouses are Permanent Residents

    My question involves a marriage in the state of: Illinois
    So.... my husband and I were married in Russia for 5 years. Then he won a green card and as a family he and I came to USA 2 months ago. He and I already received the Green cards and SSN. Now I decided to file for divorce b/c I found out that he is cheating. The green card was won in his name. How and where do I file for divorce and will it affect my stay in US as a permanent resident. Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Divorce when Both Spouses are Permanent Residents

    As you were married for many years before your spouse was notified of the results of the DV lottery, and similarly for many years before you and your spouse moved to the United States, under normal circumstances you would have plenty of evidence of a bona fide marriage. However, with the divorce coming so quickly after your entry, the U.S. government may become suspicious that you were misrepresenting the status of your marriage when you entered. Although if your story checks out I don't think there will be a problem, I think it's worth sharing the details of your case with an immigration lawyer and discussing what steps you might take to minimize the chance of an investigation and to prepare for any investigation that may occur.

    It looks like Illinois has a ninety day residency requirement to file for divorce; you file in the county where you and/or your spouse are domiciled.

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