TD (Canadian worker spouse) visa dependent USA - divorce alimony and pre-nup

[natmonzer]

Hello, I am Brazilian citizen and I have been a Colorado, USA resident since August 2018 and my husband is Canadian citizen and he has been a Colorado resident since May 2018. We have decided to get a divorce. 1- We got married in Feb2016 in Alberta, Canada. We did a post-nup agreement on Dec2016 in Canada Alberta. Is the post-nup agreement we did valid Colorado? 2- My husband sponsored me as a dependent to obtain the TD visa spouse of a TN Canadian worker to come to the USA. As a sponsor does he has financial responsibilities towards me even if we separate or does the post-nup agreement waive him from alimony? Would the post-nup be applicable in this case since he is sponsoring a dependent and I cannot work in USA nor make money? 3- If we get a divorce in Colorado, will it be valid in Alberta, Canada where we got married? Is there anything I need to do to ensure it is valid in Canada? 4- If I start the divorce process in Colorado, can I change my residence address before the divorce is finalized I read it takes a maximum of 90 days for it to be finalized? I am planning to go back to my home country within the next couple of months. Thank you very much

 

[t74]

Once the divorce is final, you lose the right to remain in the US on a TD status and need to leave or obtain another status such as a B-2 (tourist).

Of importance in divorces in the US is required length of residency where a divorce is filed. You must be careful about relocating and resetting the countdown clock.

You need to consult a divorce attorney where you plan to file.

Alimony is not guaranteed especially in a marriage as short as yours. The divorce petition may specify that he is to support you until the divorce is final; that is different from TN/TD support. There is always the problem of enforcing payment

Your questions really require in person consultation with all of the supporting documents available to the attorney. You might be better allowing your husband to file and then you do not have to be in the US at all. People divorce when only one spouse is available regularly. This option should be discussed with the attorney based on your expectations.