In a Tulsa divorce or child custody case Divorcing an Immigrant Spouse is a lot like any other child custody or divorce but may have certain complications. With immigration at the forefront of federal politics, it’s important to understand the implications, rights and laws that would affect your Divorcing an Immigrant Spouse. Among those concerns involve the length of time the spouse has been in the Country as well as the current visa status of the immigrant spouse.
Spousal Visa and Support Obligations
When applying for a spousal visa, generally the immigrating spouse receives a conditional green card. Part of the spousal immigration and green card process involves the US citizen spouse completing affidavits. These are promises of support stating that they will support the immigrant to the minimum of 125% above the federal poverty guidelines. These affidavits cannot be withdrawn after the spousal visa and green card receive approval.
The conditional green card lasts a period of two years. This means that the immigrating spouse’s permanent residency status is revocable if they do not meet the requirements. This means that should the situation end in Divorcing an Immigrant Spouse, there is potential that the immigrant spouse could be removed and deported. This is a result of possible fraudulent marriage. In fact, if the either of the parties file for divorce during this 2 year period, the parties MUST notice USCIS regarding the divorce proceeding.
Immigrant Spouse and Waiting Period
The immigrant spouse, must apply for the removal of the 2 year conditions within 90 days of the two year anniversary receiving conditional
permanent residence status. Failure to do so could result in the loss of the permanent residency status and could lead to removal proceedings.
Once the conditional requirements lift, the non-citizen spouse now becomes a full legal permanent resident. They must then wait another length of time to apply for US citizenship.
Filing for divorce after the 2 year conditions, will generally not prompt a USCIS investigation. However, if there are suspicisions of a fraudulent marriage this may change. Alimony becomes the most controversial issue once the immigrant spouse becomes a full legal permanent resident.
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Divorcing an Immigrant Spouse and Continued Obligations
Since the US Citizen generally prepares an affidavit of support, the immigrant spouse can use it to request alimony. Unfortunately the affidavit of support cannot withdraw once the spousal visa and green card exist. The only way to get out of this obligation is if 1) the immigrant spouse dies; 2) the immigrant spouse is removed from the country; 3) he or she moves out of the country permanently and loses their legal permanent resident status; 4) the immigrant spouse has a change of immigration status; or 5) he or she becomes a US Citizen.