Divorce in US. Rules while applying.

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Your immigration status and divorce proceedings are governed by U.S. federal immigration laws and the family laws of the particular State where you reside. If you hold only a conditional green card (valid for 2 years), divorce does not automatically cancel your status. In many cases, a person can apply for removal of conditions independently by proving that the marriage was entered into in good faith and was not fraudulent. If you already hold a permanent 10-year green card, divorce generally does not affect your permanent resident status. Maintenance/alimony in the U.S. is decided based on factors such as duration of marriage, income and earning capacity of both spouses, standard of living during marriage, age, health, and financial needs. Since your wife is educated and employed, her earning capacity will be a relevant consideration, but the outcome depends on the laws of the State concerned and the specific facts of the case. As laws vary significantly from State to State in the U.S., you should consult a qualified attorney in the State where the divorce is proposed to be filed.

Advocate Hemalatha Narayanan LawRato