UK citizen in US, divorcing, what forms to fill out?

April 2, 2012 3:44 PM

I am a soon-to-be-divorced UK citizen (soon-to-be ex-wife is American) with a permanent resident card (expires 2019). Married in May 2007, came here September 2010, divorcing either this month or next. I'm moving to San Francisco end of May 2012. What, if anything, do I have to tell INS regarding my marital status? And which forms to fill out?

More info:
- Not been in trouble with the law, apart from a "standing violation" (got caught in the HOV lane, driving alone - no entry/points on my driver's licence)
- I will let them know about my address change
- I have a Virginia driver's license
- I have a social security number
- I am employed by an American company, and will remain so in my move (moving to their SF offices)

posted by slater to Law & Government (8 answers total)

INS does not exist anymore; it was folded into the Department of Homeland Security after that latter bureaucracy was founded after 9/11.

I assume that you have an attorney representing you in your divorce. I'd solicit his opinion on what steps you should take.
posted by dfriedman at 3:48 PM on April 2, 2012

Response by poster: No, I do not have an attorney representing me, nor do I have the money to do so.
posted by slater at 3:50 PM on April 2, 2012

Best answer: Nothing afaik since you have your permanent green card and not simply the 2 year "will the marriage last" version which you would have got initially if your green card was through your spouse's citizenship as opposed to your own employer.

Speaking from decade old experience so never any harm checking with an immigration lawyer. Divorce attorneys practice family and tend not to know these details.
posted by infini at 3:52 PM on April 2, 2012 [1 favorite]

Best answer: Or, since you're moving to SF, go down to the INS now known as BCIS office and ask - they are very helpful and it will not cost you as a lawyer would.
posted by infini at 3:53 PM on April 2, 2012

Best answer: Oh Wait, they are now the USCIS
posted by infini at 3:55 PM on April 2, 2012

Have you talked to the Human Resources people where you work? I imagine they would have a pretty good idea what you'd need to do.
posted by Chocolate Pickle at 3:57 PM on April 2, 2012

Assuming from the expiry date that you've got, um, permanent permanent residence (i.e. not a conditional permanent resident), then your marital status is only relevant if/when you file a N-400 for naturalization; if you're intending to become a US citizen, you'll probably have to wait out five years from receiving your green card as opposed to taking advantage of the three-year marriage waiver.

Otherwise, the change-of-address notification should be all that's required of you.

If you entered on a spousal/fiancé visa, your soon-to-be-ex will still be bound by any Affidavit of Support she signed at the time: becoming a citizen or making 40 quarterly Social Security payments.

And as ever, VisaJourney is going to be a more focused resource for you on this.
posted by holgate at 4:09 PM on April 2, 2012 [3 favorites]

Let's finish that penultimate sentence: the Affidavit of Support is lifted by becoming a citizen or meeting the 40 qualifying quarters SS requirement.
posted by holgate at 4:11 PM on April 2, 2012