Patterson, CA asked in Divorce and Immigration Law for California

Q: I am currently residing in America with my Husband (a U.S. citizen) however I want a divorce and to go home to Australia

I obtained permanent residency (green card) in the U.S. through marriage. I do not plan to stay here after the divorce though (i understand my green card could be revoked but that is not my issue). We have no children, property or ANY debt/assets etc. that we need to split. We both agreed on a divorce and I just want to go home. We still live together because I have nowhere else to go whilst we are separated. Can we file the petition for a divorce, and then have me leave the country while it is finalizing? or do I need to stay in California until the divorce is finalized? I don't understand the process and don't have much money to hire a lawyer. We got married September 24, 2016 and I obtained my green card in May 2017. He is a U.S. citizen.

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: You do not have to stay here while the action is pending. Consider a "Summary Dissolution". The case starts and ends with the filing of the joint petition.

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