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Divorce is a tough time for families but when it falls under terms of immigration law, it can be even more difficult. Most immigrants worry that filing for a divorce or legal separation will put their green card status in jeopardy. This varies on a case-by-case scenario. There are some general steps that immigrants can take to secure a permanent green card after getting divorced. However, remember that it is always best to speak with an immigration lawyer to learn the full extent of your rights.
Conditional Green Card If you have been granted a US residence as a result of marrying a US citizen, you are eligible to receive a conditional green card valid for a period of two years.
Unfortunately, some marriages do not last for the full-two year requirement, but that does not mean you will be denied a permanent green card. If you entered your marriage in good faith, yet your marriage has been terminated due to a divorce or legal separation, you can file to have the green card conditions removed with evidence submitted to support your claim. An immigration attorney will help you determine what your best legal options are.
Types of Evidence As stated, you will need to submit evidence to the USCIS (United States Citizenship and Immigration Services) that back up the claim that the divorce was of no fault of your own. Some examples of evidence include: • Marriage Counseling – This should include documents of the counseling sessions that detail your attempt to reconcile with your ex-spouse.
If there is an effort on your side to seek counseling and attempt to reconcile, the USCIS could see that the marriage was legitimate, and that you bear no fault for the termination of your marriage.
• The Burden of Fault Lies with Your Ex-Spouse – This pertains to divorces caused by imprisonment, alleged adultery, assault and battery, or other relevant reasons. Evidence will include affidavits from the courts or the parties in your life who are familiar with the situation (friends, family, employers, landlords, medical providers, etc…). • No-fault Divorce – This includes disagreements related to irreconcilable differences, such as finances, child rearing, etc… Other types of evidence include photos of you and your ex-spouse, text messages, social media messages, and other forms of communication between you and your ex-spouse.
You should also provide copies of legal documents that list you as the emergency contact or beneficiary for your ex-spouse. A good immigration attorney will be able to think outside the box and help you produce additional evidence to prove a bona fide marriage did, in fact, exist..
The removal of conditions for a permanent green card status is difficult enough for married couples, which makes it even more difficult for people who are divorced or legally separated. It is not, however, impossible. Contact a professional immigration lawyer to help you obtain your permanent green card without conditions, even after you have been divorced. Keep in mind there are time frames and important dates that you must file within, so do not hesitate - contact an immigration attorney today and learn all of your options!
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Amy L. Britt is a Partner with Cheshire Parker Schneider and Bryan. She is a native of Fayetteville, North Carolina and has lived in Raleigh since the Fall of 2005. Amy earned a Bachelor of Arts in English from the University of North Carolina at ... Review: “...provided sound legal advice regarding a separation agreement and divorce.
Her guidance lead to a positive resolution without litigation. I am grateful to Amy...” My practice areas include: Equitable Distribution of Property, (including Domestic Relations Orders - QDROs), Premarital Agreements, Separation Agreements,Absolute Divorce, Child Custody, Child Support, Alimony, and Civil Domestic Violence Restrai... Review: “...David Holm represented me two years ago during my divorce, his services were outstanding.
He and his team were professional, exacting, prompt, and, at...” Cary divorce and separation attorneys A divorce lawyer helps you if you no longer want to be married. Whether you want a legal separation or the marriage ended, divorce lawyers assist you to arrange financial and family matters, typically in a negotiation with your spouse's lawyer. Alimony, child custody, child support, and a fair division of community assets (like who keeps the house or how your checking and savings accounts are divided) are matters that a divorce lawyer is trained to help determine.
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Separation in Family Law is defined as the bringing to an end of a marriage or de facto relationship. There is no need or ability to register a separation under Australian Family Law. Separation is a fact which must be proven if it is disputed by the other party at a later time. Therefore, it is a good idea to confirm the separation in writing, even if this is via text message that can be saved, at or shortly after the time of separation.
Often divorce cases and cases for in de facto relationships can turn upon whether or not a party can prove that separation occurred on a particular date. In the case of a divorce, the date of separation is recorded on the Application for Divorce and is sworn or affirmed to be true and correct by the Applicant.
If you cannot prove you had separated from your spouse at least 12 months before you file your Application for Divorce, the Court will not grant your divorce. In the case of a de facto relationship, particularly where the relationship ends on or about the two year mark, whether or not a property settlement is available can depend on which side of the two year mark the separation took place.
If the de facto relationship was less than two years long the Court may have no jurisdiction under the Family Law Act to provide a property settlement. There may be alternate remedies available or another basis other than the two year requirement to show that a de facto relationship existed. Also, there is also a two year limitation period in which to bring proceedings from the time of separation. In such cases, again, the date of separation can be significant.
Separation can take place under one roof and it can also be a gradual process. The Court will need to examine a number of factors to determine when and if a separation has taken place. Those factors can include: • Whether the parties slept in separate rooms or together after the alleged date of separation; • Whether or not the parties performed domestic duties such as cooking and washing for each other after the alleged date of separation; • Whether or not the parties separated their financial affairs to any extent after the date of separation; • Whether or not either of the parties lodged or signed any documents informing government agencies of the separation, such as Applications for Centrelink or ATO documents as a single person, as opposed to a person in a relationship; • Whether or not the parties continued to be intimate after the date of alleged separation; and • Whether or not it was publicly known (such as by telling friends and family), that the parties had separated.
If you have any queries in relation to separation or would like to speak to one of our , please do not hesitate to contact us, or send us an email by clicking on the appropriate button on the right hand side at the top or bottom of this page. where to next?
Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation.
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Separated but not divorced, should you date him?