Chicago, IL asked in Divorce and Immigration Law for Georgia

Q: Want to file for divorce, both non us citizens. Husband here on work visa which includes wife and kids to be here too

have not lived in state of GA long enough to establish residency to file. where can we file? What happens to wife/kids if she is here on my work visa? I want them to be able to stay in US

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4 Lawyer Answers

Myron Morales

  • Immigration Law Lawyer
  • Austin, TX

A: Once you divorce, your spouse will no longer qualify as a dependent. Your spouse will have to qualify for an immigration status on her own. Your children will remain your dependents.

Elizabeth Nicole Kozycki and Kevin L Dixler agree with this answer

Kevin L Dixler

  • Immigration Law Lawyer
  • Chicago, IL

A: I agree, but your children will only remain dependents if you are given custody. If the children depart, then it will be difficult for them to return without your wife's consent.

The above is general information, that legal advice, and does not create an attorney client relationship.

Regina Irene Edwards

  • Lawrenceville, GA
  • Licensed in Georgia

A: In regards to the divorce, you have to be a resident for 6 months prior to filing. If that is not the case, you can file for separation.


Regina I. Edwards is the Owner of Edwards Family Law.

Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.

Elizabeth Nicole Kozycki

  • Immigration Law Lawyer
  • Atlanta, GA

A: I agree with Myron. Unfortunately, once you are divorced, your current wife will no longer qualify for her current immigration status.

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