Livermore, CA asked in Divorce for California

Q: Preservation of green card after the divorce while the non-US spouse is living abroad.

We've married 3.5 years, no kids. I am a victim of domestic abuse. Can I still file for US citizenship? I plan to reside in my own country to recover from this horrific experience. But I am afraid that I might lose my green card. Also, Am I liable to his debts if the divorce is granted in CA?

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1 Lawyer Answer
Scott Charles MacCabe
Scott Charles MacCabe
  • San Juan Capistrano, CA
  • Licensed in California

A: You have rights as a victim of domestic violence and should pursue citizenship, but I would recommend that you remain within the United States if citizenship is the goal. You are here legally, and should not leave. As for your second question, you need to look at the assets and debts - and yes, you are liable for community property debts. You say "his" debts, but I assume you mean debts your husband incurred during the course of the marriage. Please consult with a lawyer at once to protect your rights.

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