We live in a global world and this has increased the number of international marriages. We may meet our spouse in college as an exchange student, at work for a business that has multi-national business interest or may spend extended periods outside the United States.
What happens after you have fallen out of love and want to divorce your spouse that you have sponsored from another country for immigration purposes?
Both the U.S. citizen and spouse are faced with the question; Will seeking a divorce damage the other spouse immigration process and what are the future financial implications after divorce?
Positive Solutions for Both Parties:
In my practice, I have found there are realistic and legal remedies to separate yourself from your spouse without impeding their desire to remain in the United States and become citizens.
The difference between divorce and provisional separation. A divorce is when a court legally ends a marriage and a provisional separation usually allows a couple to remain legally married but live apart. In the state of Florida, you can live separately and still be married with the protections of personal property, real estate, businesses, and investments. Attorney Marin can also insure that the provisional separation provides a time sharing, parenting plan, and child support.
Generally, a provisional separation will not affect an immigrant spouse’s legal status or legal rights as a married person and allows the couple time to work out their differences.
A provisional separation can be a signed document called a postnuptial agreement.
After a consultation with attorney Marin about your particular family we can guide you through a collaborative process with your spouse to separate from your spouse, as well as, assets, debts, and develop a parenting plan, time sharing schedule, child support that DOES NOT negatively affect the immigration process.
A careful review of the applicable rules, statutes, and in consultation with your immigration attorney, it can be determined when will your spouse attain their “conditional green card.” Generally, after 2 years of receipt of a conditional green card the joint the other spouse can request permanent residency status and the U.S. citizen is longer has any responsibility for the immigrating spouse.