Hi, I got married in Vegas.. I'm from Guatemala, we are still in the process of legalizating me, but we've been having a lot of problems, and I'm actually contemplating a divorce. We live in Florida... do I have to go back to vegas to get a divorce, can I do it from here in Florida.. what about the paperwork for my legalization..

If you are a legal resident of Florida, you file for divorce in Florida.

I see your Immigration status in jeopardy if your matrimonial status changes.

Assuming you have lived in Florida long enough to establish residence. You get your divorce there.

1. how long have you lived in Florida
2. do both of you live there
3. how long have you been married

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Originally Posted by chatalinda

Hi, i got married in Vegas.. im from Guatemala, we are still in the process of legalizating me, but we've been having a lot of problems, and im actually contemplating a divorce. we live in florida... do i have to go back to vegas to get a divorce, can i do it from here in florida..? what about the paperwork for my legalization..?

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Not only can you get divorced in Florida if you live there, you have to get divorced there. Nevada has a 6 week residency requirement so if you haven't lived in Nevada at all, you are not even allowed to file for divorce in Las Vegas.

Where you get married is irrelevant to where you file for divorce. Every once in a while people ask this question and for some odd reason assume that the place of marriage has something to do with where you file for divorce. I don't know where this idea comes from but it's out there and is as wrong as any of the other number of myths floating around about family law.

Thank you for all of your answers. We've been living in Florida for a year now, we were living here and went to vegas to get married. I understand that my immigration status is in jeopardy, but can I do something about that or is it just like cancelled if we get a divorce?

I've asked an Immigration specialist to come over and look at your question, give an opinion.

Should happen soon -

You don't need to go to Nevada to file a divorce. If you live in Florida for over 6 months, or your spouse is a Florida resident, you can file a divorce in FL. Separation period is not required.

Regarding your visa status, there are two options:

If you entered US on visitor's visa and your visa already expired. You must leave within 120 days of expiration date on your I-94. You will be barred from entering US for 3 years if overstay period is more than 180 days, and 10 years for 365 days respectively.

If you entered US as a student (F-1 visa), and you still maintain your student status by going to school and have a valid I-20, you can maintain your status as a student, but if you failed to maintain student status (no current I-20, did not attend classes for over 5 months), you must leave US immediately as there might be a warrant issused by immigration already.

Important issue, if you have filed adjustment of status with USCIS, your spouse has the right to inform USCIS of the divorce and withdraw sponsorship, this could mean having ICE knock on your door pretty soon.

Take care...

I appreciate your answer... thank you very much...