Legal Question in Immigration Law in Washington

Re: Sponsor of K1 visa filing for divorce

As long as he has enterd the marriage in good faith...he should be fine!!!As to contest the divorce. Even if he contests...you would be able to bifurcate the marital status and get divorced.

Re: Sponsor of K1 visa filing for divorce

If you live in Washington and file for divorce, there is no way your husband can stop you from obtaining the divorce. The only things he can contest are property divisions between what is community property and what is separate property. This is what happens in most divorces.

Your home is your separate property since you owned it prior to your marriage. If your husband is unemployed, then depending on your financial situation, a Washington court may award temporary spousal maintenance to your husband. This can also be negotiated in the divorce proceedings. I should also mention that if your husband is awarded spousal maintenance, it probably would not be much or for a very long time, because your marriage is only 3 years old. However, as far as supporting your husband based on being his immigration sponsor, you will not have to continue to do so if you divorce.

Your husband ought to be able to remain in the United States after you divorce, even if you have not had your interview, provided that you filed prior to the two year deadline to remove the conditional status.

I practice both immigration law and family law in Washington, so please feel free to contact me when you are ready to proceed with your divorce and I would be glad to help. My phone is (206) 223-9510, or you can e-mail our offices at the address provided here.