What happens if you divorce in the middle of the immigration process? Will your marital split affect your immigration status, or will you be able to continue on the path you’re on?
Here’s what you need to know.
One thing that concerns most people is whether U.S. Customs and Immigration Services will have concerns about a fraudulent marriage. That’s a very valid concern, because if USCIS believes that you married someone only for the immigration benefits, it’s case-closed for you. Naturally, many people who enter into fraudulent marriages for immigration benefits aren’t able to put on the show for very long – and those marriages often end in divorce. USCIS knows that, and if you divorce in the middle of the immigration process, the agency may believe you’re part of a fraudulent scheme to gain U.S. citizenship.
Related: Preparing for divorce: 5 things to do before you file
There are four stages of the immigration process that a divorce can affect:
Related: My husband cheated – what are my rights?
(As a side note, abused spouses may be eligible for VAWA protections.)
Some spouses agree to separate during the immigration process. However, if you do so, you’ll still have to prove to USCIS that your marriage was real and that you entered into it in good faith – not just for the immigration benefits. Your best bet is to talk to a Stockton divorce attorney if you’re contemplating either divorce or separation while you’re going through the immigration process.
Related: Is my marriage over? (Video here.)
If you need legal advice because you’re going through a divorce in the middle of the immigration process, we’re here to help. Call us today at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation.
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