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Does divorce affect immigration status for non-citizen spouses?

On Behalf of | Jan 23, 2025 | Divorce

Divorce can complicate matters for non-citizen spouses, especially regarding their immigration status. It’s important to know how divorce and immigration rules work together to protect individual rights and comply with laws.

What happens to conditional permanent residents?

Non-citizen spouses with conditional permanent residency may face problems after a divorce. Conditional residency is for spouses who have been married less than two years when applying for a green card. To keep this status, both spouses must file a petition (Form I-751) together within two years.

If the couple divorces before the conditions are removed, the non-citizen spouse must file a waiver. To get the waiver, the spouse must show that the marriage was real and not just for immigration purposes. Financial records and letters from friends can help prove this.

What about other visa holders?

Non-citizens with spousal visas, like an H-4 visa, often lose their immigration status after a divorce. This can lead to deportation unless they find a way to stay legally, such as applying for a new visa or work authorization. However, looking into other visa options may help them stay in the U.S.

How does divorce affect citizenship applications?

Divorce can also change the process for becoming a U.S. citizen. Non-citizen spouses of U.S. citizens can usually apply for citizenship after three years of residency. But if they divorce, they need to wait five years instead of three.

Divorce can make immigration more challenging for non-citizen spouses. To avoid problems, it is important to stay informed about the rules and options. Knowing how divorce impacts immigration status can help people prepare for the future and decide their next steps.

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