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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102343
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am currently separated from my husband and would like to

Customer Question

I am currently separated from my husband and would like to file for a divorce. I live in New Jersey. We got married in Hong Kong and are french citizens, living and working in the US. Could you please clarify the procedure for me?
I am also wondering what the impact is on my permanent residency application. I have been selected for the DV-Lottery and applied for the green card with a status of married. Does the change of marital status represent a risk for my green card?
Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It does not matter where you were married and what immigration/citizenship status you have. Provided that either of you lived in NJ for at least one year, NJ holds jurisdiction for divorce, per 2A:34-10.

If you have won the DV-Lottery, then the divorce should not affect this. However, upon the divorce being completed, one wants to immediately notify USCIS of the divorce, so that the visa would be for you, only. You would not file an application (DS260) for your ex.

The procedure is complex and it is recommended to use an attorney. An uncontested divorce (where the parties are in total agreement) tends to be finalized much faster than a contested divorce (where the parties disagree). For a manual, see HERE.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!