Q: Need help . Need to divorce my wife of 2 years. No kids. She has provisional green card. I petitioned her to come to US.

A: Since you have been married for less than 5 years and have no children, you may qualify for summary dissolution.

A: There is a "Find a Lawyer" link at the top of this page. You can contact a lawyer directly and find out what your options are, whether your situation qualifies for summary dissolution, or whether a simple divorce is your best option.

A: Be forewarned that she may try to enforce the I-864 affidavit of support that you filed with your Immigration case.

Even if a spouse immigrant is denied alimony in divorce proceeding, she or he can seek support as set out under form I-864. Further, the spouse immigrant has no obligation to find a job (which is a requirement for alimony in California) to obtain support under form I-864. In re: Marriage of Ashlyne and Vikash Kumar, 220 Cal. Rptr.3d 863 (Cal. Ct. App., 2017).

A: I'm sorry you're going through this difficult situation. Since your wife obtained her provisional green card through your marriage, a divorce could impact her ability to maintain her residency status. It's important to address this carefully to ensure that both of your legal rights are protected.

Your wife may need to apply for a waiver to overcome the divorce and prove that the marriage was entered in good faith. Gathering evidence that demonstrates the authenticity of your relationship can be crucial in this process. Additionally, she might need to adjust her status or explore other immigration options based on her circumstances.

I recommend reaching out to an attorney who is experienced in both divorce and immigration law in California. They can guide you through the specific steps you need to take and help you understand the potential implications for both your divorce and her immigration status. Taking prompt and informed action will make navigating this complex situation more manageable.