What are the right steps for divorce if we have a child and I have a temporary green card? 5 Answers as of September 06, 2016

We got married two years in another country. Marriage was real. We have the evidence and it was a real relationship. I was entered to the US five months ago now and I have temporary green card. We have children from this marriage and we want divorce. What is the legal option in divorce? Who will have custody of the child? What is my status keep my son? What is my status with immigration?

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Your status is not effected if you are married to a legal resident who is not a US Citizen. You will not have any legal status based on your children if you are not living with them.
Answer Applies to: Georgia
Replied: 9/6/2016
Law Office of Robert E McCall | Robert McCall
Follow usual steps for a dissolution of marriage in Florida statute Chapter 61.
Answer Applies to: Florida
Replied: 9/6/2016
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Sorry to learn you are contemplating a divorce. If you have exhausted steps, such as marriage counseling, to try to resuscitate your marriage, then you should consult with a local domestic relations/divorce attorney about your rights and obligations, especially those related to your child, in the event of a divorce. Regarding immigration, the holder of Conditional Resident status (sometimes called a temporary or 2-year Green Card) remains obligated to file a petition to remove conditions during the 90 day period before the end of two years of Conditional Resident status, and if the foreign national is divorced, then she may file the petition with a request to waive the usual requirement that both spouses file the application together. To be successful with that type of case, it will be important to have a particularly strong set of documentary evidence that the couple lived in a bona fide marriage notwithstanding that it ended in divorce - your child's birth certificate naming both parents is one example of such documentation. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant details about you and your marriage, would be able to advise you of steps to take in anticipating of filing a petition to remove conditions with a request for a waiver, and who would be able to offer legal representation to you in that application process.
Answer Applies to: Georgia
Replied: 9/6/2016
Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
Hi, You can get divorced without consequence.
Answer Applies to: Missouri
Replied: 9/6/2016
The Law Offices of Mandy J. McKellar
The Law Offices of Mandy J. McKellar | Mandy J. McKellar
Your immigration status should have no impact on divorce and custody.
Answer Applies to: Nevada
Replied: 9/6/2016
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