Love will come to you when you least expect it. Or in some cases, who and where you least expect it. Most people get married to their high school sweethearts or a family friend. But for some people, their significant others may be from a faraway country. Interracial marriages are common nowadays, and this only shows that love can be shared by two people regardless of race or ethnicity.
Unfortunately, interracial couples are also not exempted from divorce. In fact, there are already a lot of interracial ex-spouses who hired divorce lawyers to end their marriage. A divorce between interracial couples can be as painful and complicated as any other ended marriages. However, divorcing from your foreigner spouse can be a little complicated than the usual divorce.
Divorcing a non-US citizen spouse
Divorcing someone who is also a US citizen can be tedious and even stressful depending on the terms and conditions that need to be agreed upon. However, it is another matter if someone wants to divorce someone who is a non-US citizen.
The process can be more complicated if the foreign spouse had been sponsored by the other spouse who is a US citizen. In such cases, it is advisable to consult the best divorce lawyers who specialize in immigration and international laws.
Can divorce affect a non-US native’s petition for permanent residency?
The foreigner spouse will be given a two-year conditional permanent residency status after marrying his or her spouse who is a US citizen. After two years and the couple is still together, they can file a petition to the US Citizenship and Immigration Services. This petition aims for the non-native spouse to be awarded a permanent US citizenship.
If the couple decides to hire divorce lawyers and end their marriage before the two-year period, the foreign spouse should file a termination waiver. The foreign spouse can still file for permanent US residency through this waiver even if the couple is already on the road to divorce.
The waiver should state that the foreign spouse really wanted a full US citizenship grant with or without the marriage. Meaning, the spouse should provide proof that he or she did not take advantage of his or her US-native spouse just to be granted a US citizenship. This claim can be backed up with specific examples such as having children born during the couple’s marriage as well as conjugal properties. The waiver can also be filed to protect the non-native spouse from any future hardships in case he or she will be deported back to their native country.
The termination waiver should be signed by both spouses. However, there may be times that the US resident spouse refuses to sign the waiver, or wasn’t able to provide a signature for some reason.
They can also hire child support lawyers or spousal support lawyers to help the couple navigate through this tedious divorce process. The non-native spouse should also be ready to petition again to ensure that his or her appeal will eventually be granted.
Why is the Affidavit of Support important?
An Affidavit of Support should be filed and signed by the spouse who is a native US citizen. This is a requirement by the immigration for US citizens who will marry a foreign spouse. In the event of a divorce, this document won’t be considered null and void. The support amount that is owed by the US-native spouse will depend on the foreign spouse’s financial status.
The foreign spouse’s US residency won’t also be revoked following a divorce. This is in case the foreign spouse has already been granted permanent residency before the divorce case happened. However, it can be a different outcome if the foreign spouse is currently in the divorce process. In such cases, you should consult the best divorce lawyers specializing in immigration laws.
Divorce can be a stressful situation between the two spouses. It can be more complicated depending on different aspects of their personal and married life. The same applies to interracial marriages. For one thing, divorcing a spouse who is a non-US citizen can be more complicated than spouses who are both US citizens.
In such cases, it is best to hire top rated divorce lawyers in Fairfax VA specializing in immigration and international laws.