A spouse-sponsor shouldwithdraw any Petition for Alien Relatives and the Affidavit of Support as soonas possible if divorce proceedings are imminent.If an alienspouse is a conditional alien resident for at least two years, then he or shewill not need their spouse’s assistance to process the I-751 petition. If the marriage lasted years or a child was produced from the marriage, the marriage would likely be classed as bona fide.
If you are one of the many U.S. citizens or permanent residents who have married an undocumented (or illegal) immigrant, then you might be hoping to help that person get a green card and settle into your life together in the United States.
Hollywood movies have made it conventional wisdom that one way to speed through the red tape of immigration is to marry. When an immigration application that is based on marriage is pending before the USCIS, an immigrant spouse will be considered out-of-status upon the dissolution of the marriage. At that time, if the marriage is still intact, theimmigrant spouse will receive a full permanent residence. However, divorce does not necessarily terminate your financialresponsibilities toward your immigrant spouse before he or she becomes a U.S.citizen unless he or she leaves the United States. That is not possible.
It is very important for analien spouse to vigorously contest an annulment based on fraud. citizens. The U.S.
The general rule is that divorce terminates the conditionalpermanent residence. When animmigration application that is based on marriage is pending before the USCIS,an immigrant spouse will be considered out-of-status upon the dissolution ofthe marriage.
Massachusetts property division statute - 208 s. 34 - requires a court to consider various mandatory and discretionary factors when making a determination of property division. Meanwhile, if themarriage ends in divorce, then the immigrant spouse will lose his/her immigrantstatus and become deportable. So a divorce somewhere along the process in your path to U.S. immigration isn’t necessarily fatal. To attain full permanent residencestatus, the conditional resident must file a petition with the U.S. Citizenshipand Immigration Services (USCIS) prior to the second anniversary of his/heradmission as an immigrant.
Your. Divorce is always an unpleasant legal process, it is even more unsettling when divorcing an Immigrant. You are required to pay child support for your children whom you have adopted or fathered. Conditionalresident status becomes permanent after the second anniversary of the residencestatus if the alien and the petitioning spouse jointly file an I-751 petitionthat is signed by both parties. The U.S. citizen may petition for his or heralien spouse to receive an immigrant visa.
Re: Divorcing an illegal immigrant.