Can she apply for divorce now or after she gets her green card and would this affect her immigrant status? 4 Answers as of October 04, 2016

My friend has been married for 7 years in Mexico. She come to the US with temporary visa. Now she is working on getting a green card. She has 3 kids. The father does not care if she files for divorce. The only thing they have is a house that her father gave her as a gift when she got married but the husband’s name is not the house. Should she file divorce paper from here and send it for to him to sign in Mexico? Can she just apply online, fill the form or does she need lawyer? She's applying for her green card now.

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The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
If her husband is agreeable to signing a waiver of divorce, she may be able to file for divorce here in Texas on her own. If he declines or cannot be found, she may need the assistance of an attorney to ensure the divorce is finalized.
Answer Applies to: Texas
Replied: 10/4/2016
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Your friend should consult with a domestic relations/family/divorce attorney where she lives, and it would be best to select one who has experience with international divorce issues. You did not the visa category by which your friend is applying for a "Green Card," but I presume it is employment-based. Regardless of the category, it would be wise for her to touch-base with her immigration attorney to assure that no details about her marriage and the divorce will have an impact upon her immigration case.
Answer Applies to: Georgia
Replied: 10/3/2016
Law Office of Robert E McCall | Robert McCall
If her Husband agrees then she can file an Uncontested Dissolution. She should talk to a paralegal service, an attorney if she does not understand.
Answer Applies to: Florida
Replied: 9/29/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
While hiring a lawyer for a divorce is not necessary in some few divorce cases, it is almost always a good idea. And especially for a person who is not familiar with the American court system. I'm afraid I can't answer immigration questions. They are a specialty, now, and the only really reliable information will come from a lawyer who is Experienced in Immigration matters. You may want to consult such a person. For example an Immigration Lawyer can tell you if filing a divorce right after receiving a green card imperils Your immigration status. (It might look fishy.)
Answer Applies to: Wisconsin
Replied: 9/29/2016
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