Legal Question in Immigration Law in Kansas

Hi, my name is Albina. I ma not a US citizen but i married to US citizen just 1 week ago. I haven't applied for any documents yet (green card, permission to work, etc.) I had J1 visa and I was going to school. Now I moved in his place, and by now my visa expired. My question is If I divorce him now in Kansas state how long will it take to divorce him if we dont have children and common property to divide? And after divorce how many days do I have to live the country? Thank you


Asked on 1/16/13, 11:35 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Hi Albina

I do not practice Family law, nor am I in the State of Kansas, however, regarding your immigration issue, since you just got married, I assume your husband has not applied for your "greencard". Therefore, since your J visa has expired, you are out of status & are required to depart the United States immediately. There is no tolling of illegal presence just because you married a U.S. citizen.

Assuming you completed your J-1 program, you started accruing illegal presence 30 days after your visa expired. If you overstay 180-364 days, you will be barred from re-entering the United States for 3 years. If 365 days or more, then 10 years.

Good Luck!

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Answered on 1/16/13, 11:48 am


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