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

Related Topics:
4 Lawyer Answers
Myron Morales
Myron Morales
Answered
  • Immigration Law Lawyer
  • Houston, 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.

Kevin L Dixler and Elizabeth Nicole Kozycki agree with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

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
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Atlanta, 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.

www.EdwardsDivorceLaw.com

Elizabeth Nicole Kozycki
Elizabeth Nicole Kozycki
Answered
  • Immigration Law Lawyer
  • Tucker, GA

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.