Divorce is often a challenging decision to make when a marriage is crumbling. However, when one spouse is in the midst of obtaining a green card, the divorce proceedings can become more complex. In this article, we will delve into the possibility of obtaining a divorce in New Hampshire while your spouse is in the process of securing a green card.
The Nuances of Divorce Laws in New Hampshire
New Hampshire follows a "no-fault" divorce system, which means that neither spouse is required to prove any fault or wrongdoing to initiate a divorce. The sole prerequisite for obtaining a divorce is the existence of irreconcilable differences that have irrevocably shattered the marital bond.
Green Card Process and Its Influence on Divorce Proceedings
The pursuit of a green card by one spouse can significantly muddle the divorce process. This is mainly because divorce can potentially impact the immigration status of the spouse seeking the green card, jeopardizing their eligibility for permanent residency.
Throughout the green card application process, the immigration status of the spouse remains intertwined with their marital status. In general, divorcing a spouse before obtaining permanent residency can detrimentally affect their prospects of receiving it.
Additionally, if the spouse is utilizing employment-based or family-based visas to secure permanent residency, a divorce may have adverse repercussions on their eligibility for these types of visas. Whenever a divorce carries the potential to influence a person’s immigration status, seeking guidance from an experienced immigration attorney becomes crucial.
Dissolving a Marriage During the Green Card Process in New Hampshire
Now, let’s answer the critical question: Can you seek a divorce in New Hampshire while your spouse is in the process of obtaining a green card? The answer is a resounding yes.
New Hampshire divorce laws are independent of a person’s immigration status. As long as you fulfill the state’s residency requirements and can establish irreconcilable differences as the cause for the divorce, you possess the right to file for divorce.
However, it is vital to comprehend that divorcing your spouse during their green card application can indeed impact their immigration status. Hence, it is of utmost importance to consult with a seasoned immigration attorney who can offer guidance regarding the potential implications of the divorce on your spouse’s immigration status, while also assisting you throughout the legal process.
In Conclusion
Divorce carries emotional and legal complexities, but sometimes it is the necessary step to break free from an unworkable relationship. Even if your spouse is in the midst of obtaining a green card, pursuing a divorce remains an option. However, it is essential to engage the services of competent attorneys who possess the knowledge and experience to navigate the legal intricacies. They will provide valuable insights into the potential consequences of the divorce on your spouse’s immigration status, ensuring you make informed decisions during this challenging time.