Although the holiday season is generally a happy period, it is also a time when individuals start reflecting on the state of their personal relationships. In fact, law firms experience a surge in divorce work during this period.
Deciding whether or not to divorce your spouse is a complicated and emotional process in and of itself. The process becomes even more complicated if the decision affects your immigration status in the United States.
The following paragraphs highlights how the decision of whether or not to divorce becomes even more complicated if an individual received his or her resident card as a result of a petition filed by their spouse.
The first instance in which your immigration status becomes an important consideration in the divorce process is when you received your resident card as a result of a petition filed by your spouse, and you have not yet celebrated your two-year anniversary at the time of the petition's approval. You will note that at the time of the adjustment interview, the interviewing officer advised you and your spouse that your resident card was only valid for two years.
The interviewing officer also said you are required to file a petition in order to remove the conditions on your resident card. This is because your marriage is subject to the Marriage Fraud Act, which was enacted to discourage marriage solely to obtain immigration benefits.
Ideally, in order to remove the conditions on your residency, you and your spouse should file a joint petition before your resident card expiration. At this time, you are required to submit evidence about your marriage that you have accumulated since your petition's approval.
However, should you and your spouse divorce prior to your card's expiration, you are able to file a petition removing the conditions on your residency. Because of your divorce, you have to submit additional evidence regarding your relationship and the circumstances of your divorce. In addition to submitting evidence about your marriage, you should also submit evidence that you had intended into entering a bonafide and genuine relationship. Notwithstanding such intentions, your relationship did not work out.
If you were abused or mistreated, you should submit evidence demonstrating such.
The second instance in which your immigration status becomes an important consideration is during the naturalization process.
A divorce will not preclude you from becoming a citizen, but it may take you longer to qualify for naturalization. Generally, a naturalization applicant should be a resident cardholder for a period of five years in order to qualify for naturalization. However, if you received your resident card based on a petition filed by your United States citizen spouse and you are still married to and reside with that same spouse, then the waiting period is reduced to only three years.
Divorcing your spouse before filing your application or during the naturalization application process can affect your ability to take advantage of that reduced three-year period.
In sum, because divorce may have implications on your immigration status, most immigration attorneys would always advise you to marry foremost because you love that individual. Your immigration status should not be the main consideration. If you follow this rule, then a divorce later down the line should not have that significant impact on your status.
Your individual case, may contain facts that may potentially change the outcome of your case. A consultation with an experienced immigration attorney will provide you with a more comprehensive assessment of your case.
For more information contact an attorney or visit DiscountDivorcePro.com
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