Articles Tagged with North Carolina Family 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.

By Autumn Byas, Gorman Law Firm Paralegal Intern            

            Divorcing a spouse is one of the most stressful and tragic things that can happen to a family.  Whether it is only affecting the couple who once was in love, or a couple who has a child(ren), a divorce is an extremely stressful situation for anyone in the family to be in.  If you are seeking information about divorcing a spouse in North Carolina it is a good idea to start educating yourself on the laws surrounding divorce in our state.  They can be found here:  http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0050.  Chapter 50 of the North Carolina General Statutes outlines the laws surrounding a divorce proceeding, and also about custody and alimony matters.  The Chapter has 100 sections and is filled with a lot of information; therefore, it is wise to seek out help from an attorney who is experienced in divorce law.  Gorman Law Firm is experienced in handling these sensitive issues.

            Why do people get divorced?  There are numerous reasons as to why.   A blog posted by  Divorce Source News & Information entitled “Problems that can wreck a marriage” goes into some of these reasons. (Divorce Source Editorial Staff. “Problems that can wreck a marriage.” Web blog post. Divorce Source news and information. Divorce Source, Inc., 2 May. 2014. Web. 4 Mar. 2015.)  Marriage infidelity is one major cause of a broken marriage. Infidelity is defined as “1) Lack of belief in a religion 2) A: unfaithfulness to a moral obligation: disloyalty B: Marital unfaithfulness or an instance of it.” (Merriam-Webster Dictionary online. March 2015).  A collaborative divorce coach, psychotherapist, author and parent, Micki McWade stated “marital infidelity is a symptom of underlying issues in the relationship.” Read the entire article at the following website:  http://www.divorcesource.com/blog/problems-that-can-wreck-a-marriage/  (Divorce Source Editorial Staff. “Problems that can wreck a marriage.” Web blog post. Divorce Source news and information. Divorce Source, Inc., 2 May. 2014. Web. 4 Mar. 2015.)

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Con frecuencia, el costo de contratar a un abogado para resolver asuntos de familia hace que las personas desistan del procurar una ayuda legal, formal.  Gordan Gibb, quien escribe para lawyersandsettlements.com, comparte sus puntos de vista y experiencia en cuanto al por qué es tan importante no caer en la trampa de “lo más barato” y, por el contrario, invertir en contratar a un abogado de calidad que se encargue de su caso.

Un Buen Abogado de Leyes de Familia no tiene Precio

Julio 27, 2008, 11:45:00AM. Por Gordon Gibb

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