Legal Question in Immigration Law in California
Divorce
I am from Czech republic and I got married in February 2003. Unfortunately, this marriage doesn't work how it supposed to. I'd like to get divorced after the interview at immigration. Could I stay in US even though I am divorced? Or is there any chance to stay here legally, or If i have to leave US, would I get a chance to get back to US in the future?
thank you.
3 Answers from Attorneys
Re: Divorce
Forget it. If you are obtaining permanent residence through marriage to a U.S. citizen, the green card is a conditional green card, good for only 2 years. Near the end of the 2 years, you have to file a joint petition with your spouse to prove to the BCIS that you're still married. If you're divorced, this petition cannot be filed and your green card status will end. You will probably be put through deportation proceedings then. Even if the BCIS doesn't do this at that time, you will be out-of-status and be an illegal alien.
Liem Doan, Esq.
Re: Divorce
Thank you for your posting.
If there is a divorce or separation within the two year probation period, then your marriage is considered a fraud, and your entire petition is not valid.
You will have to file a new petition, based upon employment, family, or other means, to stay in the United States if you divorce or separate.
I hope that this information helps, but if you have more questions, wish more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.
Re: Divorce
feel free to email me directly, and i may be able to further assist you in this matter legally.