Interplay Between Immigration & Family Law in a Divorce – Michigan Lawyers
Immigration laws and family law laws interact with one another. This occurs when a non-American marries an American. The non-American is then granted entry into the nation as a result of the marriage. Now the marriage breaks down. Immigration will raise a red flag if the marriage conveniently dissolves. It dissolves just as your immigration documents are in order. What is the interplay between immigration and family law in a divorce case?
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Immigration authorities might think the marriage is a fraud. Your future might include deportation proceedings. If your marriage is legal, you ought to be able to remain in the country. If a divorce occurs, a motion to remove the requirement of marriage. It can be made through an immigration lawyer. This allows a non-American to remain in the country without the marriage requirement. You may not be a citizen of the United States yet. There are steps you can take to ensure your continued residence in the U.S. even after a divorce. Get the necessary advice. Engage an immigration lawyer.
How do you get married to a US Citizen?
You are not a citizen or intend to marry someone who is not. You might be interested in learning how to have a marriage that is accepted by the law. You can also have concerns regarding immigration. You can have concerns over the potential effects of marriage on your spouse’s status. In the US, it is legal for non-citizens to wed. Marriage does not automatically alter either spouse’s immigration status. The non-citizen spouse’s home country may or may not recognize the marriage. People with green cards and US citizens can get married to foreign nationals. Their foreign wives are eligible to apply for a marriage green card and join them in the country. Your application process for immigration will look different in each case. It depends on where you and your intended spouse live.
You and your future spouse live in America already
You and your future spouse are already living in the US. They most likely hold a temporary work or visitor visa. To do this, the temporary visa must be changed into a green card. It is done via a procedure known as “adjustment of status.” You get married and register your marriage with the state or county authorities. You must register the marriage where the ceremony took place to begin this process.
Keep in mind the “90-day rule.” A policy in U.S. Citizenship and Immigration Services (USCIS) is meant to guide applicants for green cards from within the US. It is a way to test if you have misled government officials. It is used when you applied for visas or were allowed into the country. Temporary visa holders who marry or seek a green card within 90 days of entering the country can have their applications rejected. Their present visas may be canceled. They can later have trouble getting a visa to the United States.
A U.S. citizen or holder of a green card can serve as a prospective spouse’s “sponsor.” You need a sponsor during the green card application process. You will need to apply alongside them. Form I-130 (formally known as the “Petition for Alien Relative”) and Form I-485 (officially known as the “Application for Adjustment of Status”) are submitted simultaneously. In USCIS this is known as “concurrent filing.”
All domestic applications must schedule a biometrics appointment. All interviews are in person with USCIS. A spouse applying for a green card must be able to keep a legal immigration status in the United States. Keep this status while waiting if you have a green card and are not a citizen of the country. You may be a citizen of the United States and your spouse came here lawfully on a visa but lost their status. They may be able to get it waived via the adjustment of status.
A valid visa is required to maintain a person’s immigration status. You need this visa until their green card application (Form I-485) has been submitted. A valid visa could be an H-1B work permit or an F-1 student visa. You will have to postpone submitting a green card application from within the US. You must wait until a visa number becomes available before doing so. American citizens’ spouses are automatically eligible for visas. Green card holders’ spouses are not. This means that the spouse who is making a green card application must have a visa that is good for 2.5 years. This comes after the green card application for marriage-based immigration was submitted.
You live in the US but your future spouse does not.
You have two choices if your potential spouse is not from the United States but you are:
Option 1: Get married abroad and then apply for a green card via consular processing at a U.S. embassy or consulate. Complete and submit Form I-130 and Form DS-160. This is the Online Nonimmigrant Visa Application. Both are required. You must have a medical exam and attend an interview at a U.S. embassy or consulate. This alternative does result in a green card as soon as you arrive in the United States. This process can occasionally be a lengthy procedure.
Option 2: The second choice is to have your future spouse enter the country on a K1 visa. You know this as a fiancé visa. It enables you to wed in the country and later change your spouse’s status to a green card holder. A U.S. embassy or consulate must be contacted in advance for this visa.
A couple must normally have met in person during the past two years before applying for a fiancé visa. The foreign spouse applying for the fiancé visa must wed their American partner. They must marry no later than 90 days after arriving in the country. The foreign fiance might be required to leave if they fail to do so. You must submit Form I-485. The form calls for biometrics and perhaps an interview, after being married in the US. The green card application might still be in process. The non-U.S. partner must apply for a work permit and a travel permit if they want to work or travel outside of the country. These options require temporary separation from your spouse. Your spouse is still applying for a visa or green card abroad.
Your prospective spouse and you both reside outside of the United States.
The K1 visa is the greatest option if you wish to immigrate to the United States, get married, and then remain there. Your prospective spouse can enter the country on a fiancé visa, Get married, and then change their status. You can always get married on a temporary visa as long as you follow state marriage laws. You must also understand the “90-day rule.” You won’t be eligible for adjusting your status in the United States. This may be the case if you simply want to get married in the United States. You can then return to another country to apply for a green card. You can apply perhaps for employment or family reasons.
You might desire to live abroad at first after being married to a foreigner. This also works. All marriages consummated outside of the country are recognized by the US government. They are as long as they were registered there. You won’t be subject to U.S. state marriage laws either. You have to follow the laws and traditions of the nation you wed in. This includes laws pertaining to eligibility, parental approval, and divorce procedures.
Special considerations
Civil weddings should be recognized by local or national authorities. Only marriage certificates in hand are accepted by U.S. officials. Polygamous relationships and underage marriages are not recognized in the place of celebration. Domestic partnerships and other similar relationships are not recognized as marriages. Proxy marriages in which one party was not present during the ceremony. Relationships entered into solely for immigration reasons are not recognized by USCIS. USCIS will not recognize them even if they are legal where they were celebrated). Your country of origin may recognize a particular kind of marriage. It may not be acceptable to the U.S. government for the purposes of sponsoring or being sponsored as a spouse.
For same-sex marriages. Get a marriage certificate from a country where same-sex marriages are allowed. It is required as proof of a same-sex marriage’s legality. The law of the country where the marriage was celebrated decides. It is local laws that determine marriage is legally lawful for immigration reasons. It will be valid as long as the location or country permits same-sex marriage.
USCIS takes marriage fraud very seriously. As part of your application, they can ask for confirmation of your marriage’s bona fides. They will inquire if it was the result of an actual relationship. The officer can think you might not be in a real marriage. You might also face additional requests for evidence or questions during your interview. The U.S. Code 1325: Improper Entry by Alien. It states that it is unlawful to marry a foreign national for financial gain. Individuals found guilty of such an offense face a maximum sentence of five years in prison. They can get a maximum fine of $250,000, or both.
What does conditional permanent residence mean for an immigrant spouse?
You entered the U.S. via immigration based on marriage. At the time of entry, the marriage had just been a little less than two years old. You will be granted “conditional permanent resident status.” You enter via immigration. It means you have USCIS approval for lawful permanent residence. Your entry was through an immigrant visa issued by the U.S. consulate. Except for the two-year duration, this status is the same as a regular permanent residency.
The goal is to put the marriage to the test. The U.S. government is quite worried about people who get into fictitious marriages. Going into a union in order to provide the non-citizen permanent residence. It can be in exchange for money, out of friendship, or for some other reason. The American government is aware that these certifications are susceptible to forgery. Every couple is originally requested to submit detailed paperwork. Provide documents demonstrating the validity of their marriage. It wants to know if the couple can, in fact, continue the alleged deception for another two years. The conditional resident must submit USCIS Form I-751 to USCIS within the 90-day period. It is a petition to be completed before the end of the two-year testing period. You need it to get full permanent residence status.
This is done as a joint petition with the signatures of both spouses. It should go with updated evidence of the marriage’s continued existence. Birth certificates for infants who were born recently, for instance. They are a great source of evidence. Couples intending to commit marriage fraud rarely seek out therapists to help the relationship. Records of visiting a marriage counselor can be helpful. The immigrant spouse should be granted full permanent residence. This is done once USCIS has finished reviewing the I-751 submission. The immigrant can later apply for citizenship in the United States. The time of conditional residence will also “count” as permanent residency. Not every marriage lasts long enough to submit a joint petition. This happens frequently for reasons other than fraud.
Will divorce affect my conditional permanent residence?
A divorce can undoubtedly raise concerns. USCIS does not automatically assume that the marriage was a fraud. It is not necessarily the end of the immigrant’s ability to remain in the country. This is presuming that a final divorce is granted before the I-751 petition deadline. To avoid having to file jointly, the immigrant spouse must submit the I-751. Submit the form with a proof that the marriage was genuine at the time it was entered into. Request a “waiver” from USCIS.
The timing concerns can become complicated if the U.S. citizen declines to sign a joint petition. The divorce is still in progress when the I-751 is due. There are ways to get around this with USCIS. Request extra time to get a divorce decree that is final. You should get legal assistance. The immigrant might renounce their immigration status. The immigrant can be subject to removal from the country.
Can I be free of financial responsibility if I divorce my immigrant spouse?
Your marriage is ending and you are a citizen or lawful permanent resident of the United States. You petitioned for your non-citizen spouse to immigrate. You need to move swiftly to prevent having to support your ex for many years. You have probably submitted an affidavit of support (USCIS Form I-864) for your spouse. It says you took legal responsibility for providing financial support to your spouse. You will and will continue to do so up until one of four things occurs:
[ 1 ] The immigrant spouse passes away;
[ 2 ] The immigrant spouse acquires U.S. citizenship;
[ 3 ] The immigrant spouse accumulates 40 work quarters toward Social Security (about ten years); or
[ 4 ] The immigrant spouse departs the country permanently.
Divorce is not on that list. Divorce does not release you from your financial obligations to your immigrant spouse. You are obligated to provide financial support for your spouse. But, it depends on whether your Affidavit has been submitted to the U.S. government. And it depends if your spouse is subsequently granted permanent residence. Prevent the final green-card approval from going through. Write to USCIS as soon as possible to withdraw your I-130 Petition for Alien Relative. You should then refuse to provide the I-864 and any other needed documentation.
You’ve submitted all the required paperwork. Your spouse is already in possession of conditional or permanent residency. In this case, it’s generally too late to change your mind. Only if it was obtained fraudulently will USCIS be likely to revoke your spouse’s green card award. You now have the duty to pay support. But if that’s the case, you can be charged with participating in fraud as well. You could face certain penalties.
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