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Will getting a divorce make it harder to get permanent residence?
I am a non-U.S. citizen who married my husband, a
All Divorce Basics Questions & Advice
Can a tourist visa marriage prohibit me from claiming residence in Florida and seeking a divorce?
Will filing for a divorce while I am currently on a tourist visa marriage affect my chances at residency in the United State? I am trying to figure ou...How are joint bills divided in a Divorce Case?
Question: Me and my husband are going to get divorced soon. We have some shared bills and credit cards in both of our names. How do the bills get sp...How can I stop a divorce that's already been filed?
My husband has filed for a divorce which I do not want. Is there any way I can prevent the divorce from going through?How do I respond to a Complaint for Divorce? What steps should I take?
Question: My husband has served me with a complaint for divorce. I don’t want the divorce, so do I have to answer it?How do mental abuse divorce cases work?
What constitutes a mental abuse divorce case? Are there any requirements to have a valid court claim against my spouse for his mental abuse?How long after I file bankruptcy can my divorce be finalized?
My husband and I are considering filing a Chapter 7 bankruptcy to deal with mounting debts. We are also considering filing for divorce.How soon after a divorce can one re-marry?
My husband and I just divorced after a year-long separation. I just received the final decree six months ago. During my separation, I met someone ...I have paid a fairly large amount of alimony to my ex-wife in the past year. Will this affect my taxes, and if so how?
Question: I have paid a fairly large amount of alimony to my ex-wife in the past year. Will this affect my taxes, and if so how?I just got married for less than a year and found out my spouse cheated on me during our engagement. Is an Annulment Possible?
Question: I am a newlywed, and I recently discovered that my husband cheated on me during our engagement, before the wedding. Can I have the marri...I want to hire a divorce attorney. How do I make sure I find a good one?
Question: I am getting a divorce and because I have kids it is going to be a fairly complex case. I want to hire a divorce attorney. How do I make sur...If I discover that my wife is cheating by engaging in extra marital affairs online, can I file a divorce?
Question: My wife has been spending more and more time online on social media sites like Facebook, and I am suspicious that she might be connecting ...If my husband shows signs of physical abuse, can I dissolve a marriage on that grounds?
My sister Joelle's husband says I am mean and throws objects when he loses control. Can she seek to dissolve her marriage on grounds of domestic viol...If my husband was violent during our marriage, how are his child custody and visitation rights decided?
Several times during the marriage, Norman would become intoxicated, push and shove his wife, Suzie, and threaten to inflict bodily harm on her i...Is it possible to live in the same house with my ex wife until lease is up?
My wife and I are filing for Divorce but we had just signed a lease with both of our names that goes on for 1 year. We are only 3 months into the leas...Is verbal abuse divorce recognized in New York?
My cousin's husband constantly denigrates her and uses obscene language against her, insulting her publicly and in private. Is verbal abuse divor...Me and my wife are separated and I want to get her off of my insurance.Can I do this?
Question: Me and my wife are separated and I want to get her off of my insurance to free up money to raise our son and daughter that I have in my ca...My friend told me that Michigan is a no fault state. What does this mean?
Question: I live in Michigan and I am getting a divorce. My friend told me that Michigan is a no fault state. What does this mean?My lawyer says if we cannot settle our disagreements with our Divorce Agreement, a Divorce Judgment will be ordered?
Q: My husband and I are going through a bitter divorce, and we have not been able to reach agreement on some important issues. My lawyer say...My wife withdrew all the money in my bank account, what legal action is necessary to get my money back?
My wife recently took out all the money from my bank account when I told her I wanted a divorce, is there any legal ramifications for my wife stealing...Our lawyer advised us to go through a divorce mediation. What is the cost and benefits of that process?
Question: I am getting a divorce from my husband. My husband’s lawyer has advised us to go to divorce mediation and that it may be cheaper if we t...Under what circumstances can a foreign citizen obtain a divorce on U.S. land?
I am not a U.S. citizen. Under what circumstances can a foreign citizen obtain a divorce on U.S. land?What can I use as grounds for divorce in Arizona? Do irreconcilable differences count as a valid reason?
Question: Me and my husband just don't like being around each other anymore. In Arizona, can I file a divorce based...What criteria will a court in Louisiana rely on to determine my entitlement to alimony and the amount I should receive in?
I have recently applied for divorce from my husband and I was wondering what is the criteria that a Louisiana Judge will use to determine the amount o...What does it mean when a divorce notice is not applicable?
My ex-husband and I just received our final divorce papers and we are confused by a line stating "divorce notice not applicable." What exactly does th...What is the benefit of using Alternative Dispute Resolution (ADR) for a divorce?
Question: My husband and I have been separated for a few months. We have been talking about getting a divorce. He recently brought up the ide...What reasons or grounds do I need to have in order to obtain a divorce?
Are there any special requirements I need to meet in order to file for a divorce?Will getting a divorce make it harder to get permanent residence?
I am a non-U.S. citizen who married my husband, a U.S. citizen, in December, 2008. I am waiting for my permanent residence status, but am now conc...Do you have a question?
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Answers
Under current U.S. law, a foreign-born spouse of a U.S. citizen is considered an "immediate or alien relative" and has an easier track to receiving a green card. However, because of abuse of the system, certain flags raise concerns of fraud. Foreign born spouses who immigrate to the States based on a marriage that is less than two years old receive conditional permanent residency status. This status lasts two years; in order to obtain full residence status, the conditional resident must file a petition with the Immigration and Naturalization Service within 90 days of the second anniversary of his or her admission as an immigrant.
If you divorce occurs before you receive your permanent residence status, you may be denied permanent residency after which you may face possible removal proceedings. If you feel that your divorce is imminent, consult an attorney who may advise you to withdraw your application sponsored by your spouse and reinstate a petition of immigration based on a legal ground other than your marriage to extend your stay here. It is important to determine your rights in this case, so do talk with an attorney about the effects of divorce on your permanent residence status.
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Posted by Sharon Cullars on 11 May 2010
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