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What impact does divorce have on my immigration status?

On Behalf of | Feb 28, 2020 | Divorce Mediation |

When people talk about the impact of a divorce on their life, they often mention the emotional toll that it takes on them. They seldom reference the logistical nightmares that it can cause, such as immigration problems. It can though. This is especially the case if you’re not a permanent resident yet.

If you’ve only secured a 2-year conditional green card as a result of marrying a U.S. permanent resident or citizen at the time that you file to end your marriage, then your immigration status could be in jeopardy.

The U.S. Citizenship and Immigration Services (USCIS) generally makes your green card a conditional one for the first two years as a way of verifying that your marriage is authentic. It’s only after this period has elapsed that the USCIS will allow you and your spouse to jointly apply for a 10-year green card. They require you to provide additional supporting documentation to justify its authenticity as part of this process.

If you file for divorce while your more permanent green card application is being reviewed then you may immediately have your file rejected. You may be able to petition USCIS to waive their joint filing requirements, but there’s no guarantee that they’ll approve it.

It can be quite difficult for Fort Myers couples going through a divorce to resolve custody and property disputes. It can be even harder for Florida spouses with pending immigration concerns to navigate this process, especially when their ability to stay in this country is up in the air. A divorce mediation attorney can aid you in brokering an agreement with your spouse that’s fair and help you understand how divorce will affect your immigration status.


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