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How Does Divorce Affect My Immigration Application?

In family immigration, a marriage visa is one of the main ways to get a green card and become a Legal Permanent Resident (LPR) of the United States. To get a green card, it’s important that the applicants can show that it is a valid, bona fide marriage. But what happens when partners decide to divorce before the immigrant gets their green card? How does divorce affect an immigration application?

Marriage Visas, Divorce and Immigration

If you are a married immigrant who is living in the United States with a green card holder or a US citizen, divorce or annulment might impact your immigration status. How divorce impacts your immigration status depends on the type of visa you have, whether you are already divorced or are in the process of divorcing and the reasons for the divorce, including abuse.

Financial Support
As part of the process to sponsor a fiancé or partner to move to the United States to become a lawful permanent resident (get their green card), the partner or spouse who is a U.S. citizen or Legal Permanent Resident is required to complete USCIS Form I-864, Affidavit of Support “to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.” The U.S. government has the right to enforce Form I-864. In some cases even the immigrant has been able to enforce their rights under Form I-864.

Under Section 213A of the Immigration and Nationality Act (INA), the I-864 is a legal contract between the sponsor and the U.S. Government. By signing the I-864, the sponsor agrees to use their financial resources to accept financial responsibility for the green card applicant coming to the United States.

What Happens If You Get Divorced After Receiving A Green Card?

Conditional green card holders who are on a two-year green card through marriage typically file a joint petition with their spouse to have a removal of conditions on residency. Green card holders who are divorced after receiving a green card can apply for a Waiver for Joint Filing. U.S. Citizenship and Immigration Services (USCIS)  may permit a conditional green card holder to remove conditions on residence in the case of divorce or annulment of their marriage.

We Help Immigrants Make America Their Home

Divorce and immigration are two of the most stressful situations an individual goes through. At Godoy Law Office, our immigration attorneys are available to answer any of your questions and discuss all of your options so that you can make the best decision for your situation. Our expertise and commitment to client service make us the ideal partner for this important process. We look forward to working with you. Thank you for considering Godoy Law Office as your immigration law firm!

A skilled immigration attorney can put their experience to work for you to achieve your American Dream. If you need help with an immigration issue, please contact our office at 630-345-4164.

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