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Do I need to divorce legally in the US as an EB-5 investor?

Both my spouse and I have finished filling for removal of PR condition last year and are waiting for approval. After that we divorced in our original country of marriage. Do I need to also get an official divorce paper in the US? What institute holds my marital status? Can I file my tax as divorced base on my marital status of my original country?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are divorced in your country of origin, it is likely that divorce is recognized in the U.S. and it would be smart to notify USCIS if your case is pending because failure to do so may be regarded as withholding information intentionally.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If legally divorced under the rules of the country where you divorced, the non-principal applicant needs to advise USCIS and will need to file a separate I-829 to continue the process.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If neither one of you is living in your prior country, then the divorce may not be valid in the U.S. and you will need a divorce in the U.S.