Ma Divorce Law For Foreigners
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FAQ
If the immigrant is already a permanent resident when the marriage ends, divorce won't affect their immigration status. Divorce can delay when the foreign spouse can obtain citizenship. There is a three-year residency requirement to take a citizenship exam for those married to a U.S. citizen.
United States law does not require U.S. citizens to register a foreign divorce decree at an embassy. But if the country in which your divorce took place is a signatory to the Hague Convention on the Authentication of Documents, you may bring your divorce decree to a U.S. embassy or consulate to have it certified.
The general rule of law is that Massachusetts will recognize as valid a divorce adjudged in a foreign jurisdiction (both a foreign country and another state) if the foreign court has jurisdiction over the cause of the case and over both parties.
Therefore, divorce when you hold a conditional green card can cause issues. A waiver is available when you file Form I-751 to remove the conditions on your green card, but you will have to prove that your marriage prior to the divorce was genuine and not the result of immigration fraud.
Thus, under the ?status exception,? if one partner of an international couple moves to the United States and becomes domiciled here, she may obtain a divorce in the U.S. state in which she is domiciled even if her spouse has never stepped foot in the United States.