Elementor #579

Divorce & Immigration

Divorce & Immigration Consquences

Divorce is heart-wrenching, but especially when immigration status of one or more family members is based upon the marriage. Instances where divorce case affect immigration status:

  • Fiancée/Fiancé Visa. (1) US citizen spouse petitioned for the foreign spouse and  adjustment of status is pending. (2) US citizen did not so petition and is refusing to do so.
  • Adjustment of Status. (1) US citizen refuses to petition for the immigrant spouse. (2) US citizen refuses to cooperate in the immigration process after filing the petition. (3) Issues with the affidavit of support.
  • Removal of conditions on permanent residence. Issues of timing of filing (before, during or after divorce). Issues with US citizen spouse cooperating. Proof of validity of marriage (bona fides).
  • Employment based permanent resident. Timing of green card grant or interview.

These and many other issues are discussed in forums and social media daily with a lot of misinformation spreading. Speak to a licensed attorney to understand your options.