Q: Concerns about residency and divorce when returning to Argentina from Florida.

A: You’ve raised several important issues, and I’ll address them in parts:

1. Returning to Argentina and Immigration Status:

If your spouse withdraws the petition supporting your U.S. residency while you are outside the country, it could jeopardize your pending adjustment of status. Even with a valid travel permit (Advance Parole), your reentry could be denied if the underlying immigration petition is withdrawn before you return. If your intention is to stay in Argentina permanently and not pursue residency in the U.S. anymore, then withdrawal may not matter much—but you should be aware it effectively ends your path to a green card through your spouse.

2. Divorce Proceedings in the U.S.:

Florida requires at least one party to reside in the state for six months before filing for divorce. If you haven't filed and you leave Florida, your ability to file there later may be affected if you lose your residency. However, your spouse may still file for divorce in Florida while you’re in Argentina, and the court can proceed, especially if proper service is made.

3. Property and Legal Concerns:

If there are shared assets, Florida law generally divides marital property equitably. Since you mentioned you don’t wish to claim any assets, that could simplify the process. Still, it’s wise to consult a Florida divorce attorney before leaving so you understand the consequences of waiving any rights and ensure there are no pending claims that could affect you later.

Bottom Line:

If you’re determined to leave, it’s best to speak with both an immigration and a divorce attorney before your departure. This probably an issue that needs to be resolved by working with at least two attorneys focused in those areas of law.

A: If your spouse withdraws the green card petition while you’re outside the U.S., your application could be denied, and you might not be allowed back in—even with a travel permit. You’re not required to file for divorce, but leaving while your case is pending carries risks. Talk to an immigration attorney before traveling to protect your status.

A: It’s understandable that you want to move forward peacefully and return to Argentina without complications. Since your residency application is based on your spouse’s petition, withdrawing it could affect your legal status in the U.S., especially if you're not yet a lawful permanent resident. Even though you have a work permit and travel authorization, these are often tied to the pending residency case and may no longer be valid if the petition is withdrawn.

If you leave the U.S. while your application is pending and your spouse later withdraws support, it may be difficult to return or continue the immigration process. Immigration authorities might see your departure as abandoning the application unless it’s clear that you followed the proper procedures. However, if you are not planning to return and have no interest in continuing the process, then leaving the country with valid travel documents could allow you to close this chapter without legal conflict, especially since you’re not pursuing shared assets.

As for the divorce, if neither of you has filed yet, it can still be handled after you return to Argentina, though it may be easier to address legal matters while you're still in the U.S. Make sure to gather all important documents before you go, and keep written proof of your separation and intentions. You’re allowed to prioritize your peace and safety, and if leaving quietly and respectfully helps you heal, you have the right to take that step.