This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
No Direct Obligation to Report Divorce: You, as a US citizen, are not required to file anything with USCIS just to notify them about the divorce. Your wife would be responsible for informing USCIS of the divorce if it impacts her status, especially if she is on a conditional green card.
ICE accepts anonymous reports by phone and online. Call 1-866-347-2423, the ICE Homeland Security Investigations Tip Line, to report an immigration violation from the U.S. or Canada. If you are in another country, call 1-802-872-6199.
In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
Through the Online Portal: Log in to your USCIS account to update your marital status and upload the divorce decree if possible. Otherwise, send the documents by mail.
You must have the signature of your spouse notarized. The court will mail this form back to you after the judge has signed the judgment. It's the official notice from the court that your divorce or legal separation is final.
Potential Effect: If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. While your divorce may not affect your immigration status, it will affect the time you must wait before applying for your naturalization.
Mail service is not valid for divorce summons in California, unless the other party is willing to sign a Notice and Acknowledgement of Receipt. Otherwise, service must be in person, and it cannot be by you, needs to be by a non-party. Someone (not you) just needs to hand him the papers.
Submit a Divorce Update to USCIS: You can send a letter to USCIS notifying them of the divorce, without making any accusations. This keeps the process transparent and allows USCIS to handle her case based on the facts.
Fill out these forms: Petition — Marriage/Domestic Partnership (form FL-100) This form asks for basic information about your marriage and the type of orders you want the court to be able to make about things like spousal support and property. Summons (Family Law) (form FL-110)
Service by Notice and Acknowledgement of Receipt (Code Civ. Proc. § 415.30) is the recommended method of serving a summons on a known-to-be represented party or an unrepresented party who you believe to be amenable to such service.