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  1. #1
    Join Date
    Jan 2015
    Posts
    1

    Unhappy Does an Immigrant Spouse Have to Leave the U.S. After Divorce

    I am an international student in Michigan,US and my wife is here on dependent visa. I want to divorce my wife. But my wife does not want to go back to our home country after our divorce. I do not know what would happen in such a case. I do not want her to be living with me any more and nor do i want her to go wandering in the country when she loses her status. I donot want to end my marriage in a mess.
    Please suggest me what i could do .

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

    Default Re: Does an Immigrant Spouse Have to Leave the U.S. After Divorce

    If you divorce your wife, as she is a legal adult, she can make her own decisions about what she does with the rest of her life, including if and when she leaves the U.S. If she remains in the U.S. after the divorce without obtaining lawful status, sooner or later she will likely face immigration consequences as a result of that decision.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Does an Immigrant Spouse Have to Leave the U.S. After Divorce

    Since you are a student, discuss the proper procedure and contacts with your DSO. This becomes even more important if you are living in university housing. If you are obtaining the divorce in the US rather than your home country, your family law attorney can also advise you of what you should do to avoid other legal problems that would come with domestic violence accusations. Since you indicate your wife is uncooperative in this matter, you need to be prepared and do things according to US law which may be very different from your experience at home.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Does an Immigrant Spouse Have to Leave the U.S. After Divorce

    Taking steps to try and allow your wife to stay in the US and time to find a new means of obtaining residency can backfire on any chance you might have in the future.

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