Will My Spouse Be Deported if We Divorce? A Guide for U.S. Citizens in Sonoma County, California

Divorce can be a challenging and stressful experience, especially when immigration issues are involved. If you are a U.S. citizen living in Sonoma County, California, and are considering divorcing your spouse who has a green card (permanent residency), it’s natural to worry about how this will affect your spouse’s immigration status. In this article, we will explore how divorce can impact a green card holder’s residency and the factors that influence potential deportation.

Impact of Divorce on a Green Card Holder’s Status

The effect of divorce on a green card holder’s residency status depends on several factors, including the length of the marriage and when the green card was obtained.

1. Marriage of Less Than Two Years: Conditional Residency

If your spouse received a green card through marriage and the marriage has lasted less than two years, your spouse likely has a conditional green card. A conditional green card is valid for two years and requires the couple to file a joint petition (Form I-751) to remove the conditions and obtain a 10-year permanent residency.

• Divorce During the Conditional Period: If the divorce occurs before the conditions are removed, your spouse can apply for a waiver to file Form I-751 without your participation. Your spouse will need to prove that the marriage was entered into in good faith and not solely for immigration benefits. The approval of this waiver depends on the evidence provided and the discretion of the U.S. Citizenship and Immigration Services (USCIS).

2. Marriage of More Than Two Years: Permanent Residency

If your spouse received a permanent (non-conditional) green card because the marriage lasted more than two years at the time of issuance, the impact of divorce is less severe regarding residency.

• Permanent Residency and Divorce: A divorce does not directly affect your spouse’s permanent residency. Your spouse can retain their green card and continue to live in the United States. However, the divorce could be a factor in future naturalization applications (U.S. citizenship), as USCIS may scrutinize the applicant’s immigration and personal history more closely.

Key Factors to Consider

• Evidence of Good Faith Marriage: It is crucial that your spouse can demonstrate that the marriage was in good faith and not solely for immigration benefits. This includes proof such as joint bank accounts, mortgages, shared children, and other documents showing a shared life.
• Naturalization Application: If your spouse plans to apply for U.S. citizenship, divorce can be a significant consideration. For those who obtained their green card through marriage, they must have been permanent residents for at least three years and remain married and living with the U.S. citizen spouse at the time of the citizenship application. If divorced before meeting the three-year requirement, the residency period extends to five years.

Conclusion

Divorce can have significant implications for a green card holder, but it does not necessarily lead to deportation. The key is evidence of a good faith marriage and the stage of the immigration process in which your spouse is. It is advisable for both you and your spouse to consult with an immigration attorney to better understand your rights and options, and to ensure that all actions taken comply with U.S. immigration laws.

Remember, each case is unique, and an immigration attorney can provide specific guidance based on your particular situation. Living in Sonoma County, California, you have access to legal resources that can assist in navigating the complexities of divorce and immigration.

For any legal services you may need during the divorce process, Sonoma County LDA is highly recommended. They offer professional and reliable legal document assistance to help you through this challenging time. Visit their website at www.SonomaCountyLDA.com for more information and to get started.

Additionally, for efficient and reliable process serving, Sonoma Marin Process Server comes highly recommended. Their professional services ensure that all necessary documents are served accurately and promptly, facilitating a smoother divorce process. Learn more about their services at www.SonomaMarinProcessServer.com.

If you need to sell or buy real estate during or after your divorce, Smile Today Real Estate is highly recommended. They can help you navigate the complexities of real estate transactions, providing valuable support and guidance. Visit their website at www.SmileTodayRealEstate.com for more information.