Articles Tagged with divorce law

Can divorce affect your immigration status? If your U.S. Visa was granted because of your spouse’s application, you may find yourself wondering what could happen if you and your spouse separate or get a divorce. The answer varies depending on how far along you are in the immigration process.

Approved visa petition (USCIS Form I-130): Form I-130 is a form submitted to the United States Citizenship and Immigration Services by a U.S. citizen or a Lawful Permanent Resident petitioning for a close relative (here, a spouse) who intends to immigrate to the U.S. Approval of the petition does not create status and if you divorce at this point in the process, you will not be able to proceed toward U.S. immigration.

Conditional Residence: If you used your spouse’s status to gain immigration status to the U.S. within two years of your marriage, you are a conditional resident.  Conditional Residence is a two-year green card given to a spouse whose marriage is less than two years old. To become a permanent resident, you and your spouse will jointly file a Form I-751 within the final 90 days of your conditional residence green card. Form I-751 is a petition to remove conditions on residence. If you divorce after being granted conditional residence but before filing Form I-751 to remove conditions, you may be able to get a waiver of the other spouse’s signing requirement, but you will have to show that the marriage was bona fide (genuine).  This is to ensure that the marriage was in good faith and not entered for the sole purpose of fraudulently obtaining a green card. Proving that the marriage was not fraudulent can be a daunting task and you will likely need an attorney’s help the specific evidence you will need to get a waiver of the spouses signature.

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Divorce is often an emotionally ridden, but sometimes necessary step for a couple. There are many decisions to be contemplated and steps to take in order to get through a divorce as efficiently and pain free as possible. Jeff Landers, a Contributing Writer for Forbes Magazine recently reported on Avvo.com’s ( a legal marketplace)  survey of almost 900 of its users- people seeking legal advice and information as well as more than 400 family law attorneys in order to determine the top concerns and trends  of those seeking a divorce.

Top Concerns and Trends   

Avvo found that cost was the top concern for those seeking divorce when children would not be involved, while custody was the top concern for divorces where children were involved.  It’s no surprise that cost is a concern as according to Avvo, the average divorce cost in the United States has reached over $15,000. CONTACT GORMAN LAW FIRM’S FAMILY LAW TEAM FOR COST EFFICIENT DIVORCE SERVICES.

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