How Divorce Affects Immigration Status for International Spouses in Washington State

Marriages end for any number of reasons. Whether you and your spouse have been married for several decades or your union has lasted a handful of years, the process of untangling your lives from one another’s can be an emotionally fraught and logistically overwhelming process. It’s natural for both parties to move through a series of emotions, such as grief, sadness, anger, frustration, and anxiety, as this chapter of their lives comes to an end. In the wake of this destabilizing period of uncertainty, the parties must also negotiate the terms of their divorce so that they can walk away from the marriage on relatively similar footing. From addressing how to divide up marital property equitably and fairly to creating a parenting plan that protects the best interests of the children, there are many important decisions that will need to be made before the divorce is finalized. 

In some cases, other considerations complicate these conversations even further, like when a spouse’s immigration status may be affected by the divorce. Whether or not the divorce will affect your immigration status depends on several factors, so it’s worth enlisting the guidance of a highly qualified and caring Seattle divorce attorney who can assess the details of your situation and help you understand your legal rights and options. Your trusted legal advisor can answer your questions, address your concerns, and provide you with the support you need to move through the divorce process with greater understanding and certainty. As immigration issues become a more prominent topic of national conversations, now is an opportune time to learn more about the immigration consequences of divorce, divorce impact on visa sponsorship, and how partnering with a knowledgeable Seattle divorce and family law attorney can help you safeguard your future and keep it as bright as possible. 

Understanding Divorce and Conditional Green Cards: What Changes?

When someone from another country marries a United States citizen, the union allows the foreign-born spouse to obtain a Green Card based on the marriage. However, the first two years of marriage entitle the spouse to receive what’s known as a Conditional Green Card. During these first two years of marriage, United States Citizenship and Immigration Services (USCIS) wants to confirm that the marriage was done in good faith (i.e., that it was not simply for immigration purposes). After two years have passed, the international spouse may petition for a Permanent Green Card, which lasts for ten years. So, what happens if a couple divorces during this two-year waiting period? The biggest hurdle is proving to USCIS that your marriage was in good faith, even though it ended in divorce. If you get divorced under a Conditional Green Card, you and your ex can file a waiver (Form I-751) and submit evidence that you both entered into an authentic marriage in good faith. The supporting documents you include with your waiver may include joint financial statements, birth certificates of any children you have together, proof that you and your ex lived together, or evidence that you attended marriage counseling or other attempts to support your marriage. You can also give details about the divorce so that USCIS can determine whether the marriage was authentic or fraudulent. If USCIS finds that your marriage was made in good faith, you may be allowed to remain in the country and pursue a path to citizenship. Conversely, USCIS can initiate deportation proceedings against an international spouse if there is insufficient evidence to show that the marriage was valid or authentic. To learn more about green card holder divorce considerations in Washington state, reach out to a highly trusted and experienced Seattle divorce lawyer today. 

International Divorce and Immigration 

Divorce can complicate several aspects of the immigration process. For example, if you are in the country on an H4 or L2 visa (also known as dependent visas), you can be especially vulnerable when your marriage ends. Since your visa status is dependent on your spouse’s employment, you will have to apply for a different type of visa in order to remain in the country legally. Another concerning situation occurs when a spouse has signed an Affidavit of Support (Form I-864) to sponsor their spouse’s immigration to the United States. When a spouse signs an Affidavit of Support, they pledge to financially support their sponsored immigrant spouse so that they do not become dependent on government assistance. It’s essential to understand that the divorce process does not automatically invalidate the Affidavit of Support. Even if the couple ends the marriage, the sponsoring spouse remains legally bound by the Affidavit of Support they signed, meaning that they cannot stop providing financial support to the other party in the event of a divorce. If you have specific questions about how divorce could affect the immigration status of you or your spouse, consider reviewing your legal rights and options with an experienced and caring Seattle divorce and family law attorney today. 

How to Prove Your Marriage Was Bona Fide and Made in Good Faith When Separating in Washington State

If you are worried about the divorce jeopardizing your immigration status, the most strategic thing you can do is to compile evidence showing that your marriage was done in good faith. In other words, USCIS wants to know that the marriage was not fraudulent or used solely for the purpose of securing immigration benefits. USCIS sets forth four elements that a conditional permanent resident (CPR) must show in order to demonstrate that the marriage was bona fide. According to USCIS, a bona fide marriage is one that:

• Was entered into according to the laws of the place where the marriage took place
• Absent a waver, has not been judicially annulled or terminated (other than the death of a spouse)
• Was not entered into for the purpose of procuring admission as an immigrant
• Did not involve any fee or other consideration given to the petitioning spouse, CPR spouse, or other interested party for filing the immigrant or finance visa petition that formed the basis of the CPR’s admission to the United States

As you prepare to demonstrate proof of a bona fide marriage, it’s important to enlist the help of a knowledgeable Seattle attorney who can work with you to identify and compile this information and evidence. There are many types of documents you can use as evidence of a bona fide marriage, such as:

• Papers showing joint ownership of property
• Lease agreements showing joint tenancy of a common residence
• Bank statements showing joint ownership of financial assets
• Birth certificates of children you had together
• Affidavits of third parties who can attest that the marital relationship is bona fide
• Other documents that show the good faith nature of the marriage

To learn more about divorce and immigration status in Washington state, reach out to a caring and knowledgeable Seattle attorney who can provide you with the information and guidance you need to move forward with greater clarity and confidence. 

Protection Options for Immigrant Spouses in Washington State

In some cases, divorce may have been the only option for an immigrant spouse who was subjected to domestic violence or abuse. For instance, if you entered into a marriage in good faith, but your spouse acted violently or exerted coercive control over you while you were on a Conditional Green Card, you likely worried about how a divorce could impact your immigration status. Under the Violence Against Women Act (VAWA), survivors of domestic violence can apply to become a lawful permanent resident of the United States—even if the divorce is initiated or finalized while the petitioner is on a Conditional Green Card or applying for an immigrant visa. Credible evidence of domestic violence can support your request for immigration status, so discuss your options with a highly skilled and compassionate Seattle family law attorney today to learn more. 

Seeking Legal Support When You Need It Most

When divorce and immigration cases intersect, even seemingly minor decisions can have monumental consequences that affect the trajectory of your life. It’s natural to worry about being deported or having your immigration status revoked if your marriage is terminated. However, before you picture the worst-case scenario, seek the counsel of a trusted and experienced Seattle family law and divorce lawyer you can help you understand your rights and options. In some cases, it’s best to work with both immigration and family law attorneys to ensure that your best interests and future remain sufficiently protected during the divorce process. When you partner with caring and knowledgeable legal professionals during this overwhelming and stressful time, you can trust that they will remain by your side to reassure and empower you to move forward into a bright and secure future. 

Get Started With a Skilled Seattle Family Law Attorney Today

Moving through the divorce process in Washington state can be an overwhelming experience. That’s why the dedicated and highly experienced legal team at the Hemmat Law Group is committed to treating you with the attention, care, and respect you deserve during this challenging time. If you are ready to learn more about how we can support you through the divorce process, please reach out to our Seattle office today by calling (206) 682-5200 to get started.