Legal Question in Family Law in New York

non US citizen divorces US citizen

A non US citizen is married to a US citizen. The US citizen is sponsoring the non-US citizen for naturalization. Prior to issuance of a preliminary Green Card, the non US citizen abandons US citizen and states that she/he may or ''may not'' return. Can the non US citizen file for divorce or annulment in NEW YORK State? Is the US citizen responsible for debts or support? What is best course of action for US citizen?

Thanks


Asked on 4/25/03, 2:55 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: non US citizen divorces US citizen

A non US citiz who ends the marriage prior to 3 yrs may be deported if marriage was the only basis for entry into US. The non US citiz can file for div in NY. Your mutual debts are still your mutual responsibility. As for support, if it's child support you are responsible. If you mean spousal support, prob not but need more info.

Finally, best course of action to do what? You can file for div first for abandonment.

Debra Palazzo 914 961-7800

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Answered on 4/28/03, 5:24 pm


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