Q: I got married in brazil 2014. Hubby and I entered US as tourists and are out of status. Should we divorce in BR or CA?
Both my husband and I are citizens of Brazil. We got married there in 2014. We hold real property in Brazil. We entered the US in 2018 as tourists and stayed. We are out of status. We have been residents of CA for 5 years. We only hold personal property here. For immigration purposes, should we get a divorce in Brazil or in California? If Brazil, it would be thru an attorney since we can't go back there.
A: I can't speak to immigration issues, but as far as where you can file for divorce generally speaking, you can file in CA as long as you meet the residency requirements. Since you have lived in CA for the last 5 years, it sounds like you can file in CA which requires you live in CA for 6 consecutive months preceding the date you file for divorce. What impact that would have on your immigration issues, I can't say.
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A:
For immigration purposes, it is recommended that you speak with an experienced immigration attorney who can advise you on your options and the potential consequences of your decisions.
In terms of where to get a divorce, that will depend on several factors, including the laws of the country or state where you want to file for divorce, and the specific circumstances of your case.
If you are planning to return to Brazil at some point in the future, it may make sense to get a divorce there, particularly if you have property or other assets that need to be divided. However, if you are unable to return to Brazil and need to file for divorce in California, you should speak with a California family law attorney who can advise you on the legal requirements and implications of filing for divorce in the state.
It's important to keep in mind that immigration and family law issues can be complex and require careful consideration. An experienced attorney can help guide you through the process and ensure that your legal rights and interests are protected.
Contact my office for a free consultation if you want further assistance.
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