The process of going through a divorce is undoubtedly a challenging and intricate one, made even more complex when immigration concerns come into play. If you find yourself in the state of New Hampshire, wondering whether you can get a divorce while your spouse is in the midst of obtaining a green card through marriage, the answer is yes, it is indeed possible. However, it is crucial to be aware of the potential implications such a divorce may have on your immigrating spouse’s status.
Understanding the Impact of Divorce on Immigration Status
When a foreign national marries a U.S. citizen and embarks on the journey of obtaining a green card, they essentially express their desire to establish permanent residency in the United States alongside their spouse. This process, which typically spans several months, involves a myriad of steps such as providing extensive documentation, attending interviews, and undergoing background checks.
Unfortunately, should a divorce occur during this delicate period, it can dramatically impact the immigrating spouse’s green card application. Depending on when the divorce takes place, it could lead to either a denial of the green card application or even the revocation of an already approved green card.
Grounds for Divorce in New Hampshire: Exploring Your Options
In order to initiate a divorce in the state of New Hampshire, it is imperative that the petitioner has valid grounds for taking such action. Recognizing the importance of both fault and no-fault grounds, New Hampshire offers individuals the flexibility to choose between the two. Fault-based grounds encompass acts such as adultery, extreme cruelty, and abandonment, whereas no-fault grounds involve irreconcilable differences or living separately for a minimum of two years.
Regardless of the grounds selected for the divorce, it is vital to seek guidance and advice from a seasoned divorce lawyer to ensure that all legal requirements are met accurately when initiating the divorce proceedings.
The Far-Reaching Consequences of Divorce on an Immigrating Spouse’s Green Card Status
If a divorce occurs during the period in which an immigrating spouse is pursuing a green card, numerous factors come into play to determine the future of their immigration status. When the couple has not yet finalized the green card process, the divorce will most likely lead to the denial of the application, given that the couple is no longer bound by marriage.
In cases where the immigrating spouse has already been granted a green card, a divorce per se will not automatically trigger the revocation of the green card. However, it can potentially initiate an investigation by the U.S. Citizenship and Immigration Services (USCIS) to determine the legitimacy of the marriage. If it is perceived that the couple entered into the marriage solely for immigration purposes, the green card may indeed be revoked.
Crucial Considerations before Initiating a Divorce
While it is, indeed, possible to get a divorce in New Hampshire when one spouse is currently in the process of obtaining a green card through marriage, it is paramount to ponder over all the potential consequences before arriving at a definitive decision. If the immigrating spouse has not yet completed the green card process, it might be wise to postpone the divorce until after the approval of the green card.
Should a divorce prove to be an unavoidable course of action, it is highly advisable to consult with a proficient immigration lawyer who can provide comprehensive guidance regarding the possible implications on the immigrating spouse’s status. Moreover, seeking counsel from an experienced divorce lawyer will help ensure that all the necessary legal prerequisites are met correctly during the divorce filing process.
In Conclusion
Divorce is an arduous and intricate process that becomes even more convoluted when immigration concerns take center stage. Although obtaining a divorce while one spouse is in the midst of acquiring a green card through marriage is feasible in New Hampshire, it is imperative to bear in mind the potential impact this may have on the immigrating spouse’s status. The assistance of knowledgeable attorneys specializing in both divorce and immigration law can prove invaluable in skillfully navigating the process and fiercely safeguarding the legal rights of each spouse involved.