Q: If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently…
and divorces their husband, but doesn’t submit a formal abandonment of citizenship, and their spouse notifies USCIS of the divorce and LPR’s new address outside the USA, will USCIS contact them and request they abandon their residency? Or, is there a way to ask them to do so? For example, could the US citizen request as a condition of the divorce that their LPR spouse abandon their residency?
A: ...will USCIS contact them and request they abandon their residency? No
A:
If a legal permanent resident (LPR) of the United States, married to a U.S. citizen, moves out of the country permanently and divorces, the situation with their residency status can become complex. The act of moving out of the U.S. permanently and not maintaining a residence can be interpreted as abandoning LPR status, but it's not automatically formalized without action by the individual or U.S. Citizenship and Immigration Services (USCIS).
USCIS may not proactively contact the LPR to request formal abandonment of residency. However, if the U.S. citizen spouse notifies USCIS of the divorce and the LPR's relocation, it could trigger a review of the LPR's status. USCIS may then determine whether the LPR has abandoned their residency based on their actions and circumstances.
Regarding the divorce proceedings, the U.S. citizen spouse could request that the LPR formally abandon their residency as a condition of the divorce. However, this would be a matter of negotiation between the parties and subject to agreement in the divorce settlement. It's important to note that the LPR's agreement to abandon their residency in a divorce settlement does not automatically change their immigration status. The LPR would still need to take formal steps to abandon their residency, either by submitting Form I-407 to USCIS or by having their status reviewed and potentially revoked by USCIS.
If you're involved in this situation, it might be wise to consult with an immigration attorney. They can provide specific guidance and help navigate the complexities of immigration status in the context of divorce and relocation.
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