{"id":28537,"date":"2018-10-17T11:12:15","date_gmt":"2018-10-17T11:12:15","guid":{"rendered":"https:\/\/www.marriage.com\/advice\/?p=28537"},"modified":"2022-09-30T13:21:59","modified_gmt":"2022-09-30T13:21:59","slug":"how-to-divorce-an-immigrant-spouse","status":"publish","type":"post","link":"https:\/\/www.marriage.com\/advice\/divorce\/how-to-divorce-an-immigrant-spouse\/","title":{"rendered":"Understanding How to Divorce an Immigrant Spouse"},"content":{"rendered":"\n

\"Things<\/p>\n

Being married to a citizen, by itself, does not inevitably confer legal standing on an immigrant. However, a valid marriage —which is not for the purpose of getting your green card— can provide an opportunity for some legal standing in some circumstances.<\/span><\/p>\n

As we all know, divorce comes with many consequences, but this is particularly critical for immigrant spouses. Immigrants from any part of the world have virtually the same legal rights as citizens in the U.S– at least with regard to marriage and divorce.<\/span><\/p>\n

Divorcing a foregin spouse is almost the same process as <\/span>divorcing a citizen<\/span>. <\/span>Immigration and divorce, however, can be a tough play. <\/span>The concern majorly is if your spouse got their citizenship or green card through marriage, if your spouse is a U.S citizen through marriage, they have some serious explanations to do.<\/span><\/p>\n

But before we proceed into the divorcing an immigrant, here are some keywords we have to discuss.<\/b><\/p>\n

  1. Nonimmigrant:<\/b> This is someone in a country for a limited period of time and for a specific purpose, such as tourism, work or study.<\/span><\/li>\n
  2. Lawful permanent resident (LPR):<\/b> This is a non-citizen who has been given the permission to live and work in your country on a permanent basis. Proof of LPR status is known as a “green card.” Kindly note that an eligible LPR may apply to become a citizen.<\/span><\/li>\n
  3. Conditional resident: <\/b>This is a person who has been issued a green card for just a period of two years based on marriage, who must meet certain conditions before they become a permanent resident.<\/span><\/li>\n
  4. Undocumented immigrant:<\/b> This is someone who entered the country illegally (“without inspection or certification”) or has stayed beyond an authorized date (a non-immigrant can turn an undocumented immigrant if he stays beyond the specified amount of time). <\/span><\/li>\n<\/ol>

    The manner of entry is an important distinction because most immigrants who entered without inspection are barred from becoming lawful permanent residents or even conditional residents even through marriage to a citizen unless they are eligible to receive a hardship waiver.<\/span><\/p>\n

    <\/span>Is divorcing an immigrant difficult? <\/b><\/span><\/h2>\n

    If you are wondering <\/span>how to divorce an immigrant spouse, know that <\/span>for an immigrant spouse, the separation law of the nation leaves your spouse with exceptionally constrained alternatives to seek after a perpetual home. Your immigrant spouse who needs to end up a perpetual inhabitant must seek after what is called a “waiver.” <\/span><\/p>\n

    The justification for the waiver are exceptionally tight and incorporate demonstrating that the marriage was gone into in love and not for a green card, that extraordinary hardship would exist if the appeal to was not true, or that the settler life partner was battered by you.<\/span><\/p>\n

    Normal proof used to demonstrate that the marriage was genuine incorporates that the couple had a child together, went to marriage mentoring, or possessed a joint property.<\/span><\/p>\n

    <\/span>What happens if you divorce an immigrant?<\/b><\/span><\/h2>\n

    There has been a recent increase in divorce rates among Americans, with the average person divorcing around twice during their lifetime. <\/span><\/p>\n

    Divorce rates have been on the rise for a number of reasons, but one contributing factor is that more and people are getting married later in life and therefore have a greater chance of having gone through a divorce before tying the knot. <\/span><\/p>\n

    However, marriage between immigrants and citizens is a relatively new phenomenon in the United States, so the number of people getting divorced after an immigration status change could be minimal – or it could be growing.<\/span><\/p>\n

    According to the <\/span>Pew Research Center<\/span><\/a>, there are approximately 11 million undocumented immigrants living in the United States. These individuals have often been separated from their spouses who remained in their native countries as they entered the U.S. illegally in search of a better life. <\/span><\/p>\n

    If these people go through the difficult process of obtaining a green card, it is likely that they will eventually marry an American citizen and have children born in the U.S. <\/span><\/p>\n

    However, this also means that the couple are now faced with the possibility of being deported if they try to divorce and go back to their native country.<\/span><\/p>\n

    Despite this obstacle, it is not uncommon for immigrant couples to divorce even though they run the risk of being deported. In fact, <\/span>studies<\/span><\/a> have shown that immigration has only a small effect on overall divorce rates in the U.S. <\/span><\/p>\n

    While it may be discouraging for immigrants going through a divorce to see so many other couples struggling in unhappy marriages, it is possible to find happiness after a marriage has ended. <\/span><\/p>\n

    <\/span>Residence status affects child custody decisions<\/b>\"Residence<\/span><\/h2>\n

    Wondering <\/span>what happens if i divorce my foreign wife or husband? <\/span>You, the citizen spouse, may try to use the immigrant’s undocumented status as a lever in a custody determination. State custody laws generally include the immigration status of either parent or children as a factor to be considered in determining a child’s custody.<\/span><\/p>\n

    Also, family court judges in custody battles between a U.S. citizen and undocumented immigrant may have difficulty applying the “best interest of the child” policy when the undocumented parent is under a potential threat of removal (this will result in the citizen gaining the custody of the child, no matter what).<\/span><\/p>\n

    Winning child custody requires doing the opposite of what you expect. You are going through one of the hardest things you could ever face. Know these tips:<\/span><\/i><\/p>\n