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A Brief Q&A on Divorce for Immigrants - Katrina S. Zafiro

A Brief Q&A on Divorce for Immigrants

If you have immigrated to the United States from another country and now you’re getting a divorce, you likely have many questions, especially if your spouse was the one who petitioned for you. Today we’re answering some of our most frequently asked questions about divorce for immigrants.

What will happen if I get a divorce from my spouse who petitioned for me?

There’s no hard and fast answer for this question. It often depends on how deep you are into the immigration process. It also depends on your petitioner spouse’s immigration status.

The way you will be treated by USCIS (US Citizenship and Immigration Services) ultimately depends on whether or not they believe your marriage was legitimate. They don’t want people to enter the country legal using fraudulent marriage, then immediately divorce. The longer you were married, the less likely the validity of your status is to be questioned. If your marriage was short, it may take significant effort for you to prove to them that it wasn’t a fraud.  

My spouse just filed my I-130 before we divorced. Will I be able to continue with the process?

Unfortunately, you were so early in the immigration process at the time of your divorce that it is unlikely you’ll be allowed to continue. However, there may be other immigration options available to you.

I have already been approved for conditional residence and I am getting a divorce. What will happen?

You will likely not encounter any trouble until it is time to file your request to remove the conditions on your status and file the I-751 form.   At this point, you’ll have to present your situation to UCIS and prove that your marriage was not fraudulent.

I already have my green card. How will divorce impact my situation?

If you already have your non-conditional lawful permanent resident status and you get a divorce, your immigration status should not be harmed.  However, the issue of your divorce may come up again if you apply for naturalization/ US citizenship. 

Who can help me make sure my legal immigration status doesn’t suffer as a result of my divorce?

You need the guidance of an attorney who has experience in both family law and immigration law. Luckily, you’ve come to the right place. The team at Zafiro Law has extensive experience in both of these practice areas. We would be thrilled to partner with you as you tackle this unique issue. If you are ready to get started, we invited you to give us a call at (206) 547-9906. We can’t wait to work with you!

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Zafiro Law

As an attorney, I am passionate about helping my clients achieve peace of mind in navigating the complex areas of family law and immigration law. Your case will get my full and dedicated attention—whether you are seeking to navigate the complexities of your family law matter or overcome the challenges of your immigration law case.

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