Family immigration situations can be complex. For instance, perhaps you initially came to the United States on a student visa. While attending school, you met a U.S. citizen and started a relationship.
When your student visa initially ended, you went back to your home country. But the two of you maintained a long-distance relationship, and you eventually moved to the United States, got married and then used this marriage to apply for a green card.
The trouble is that you and your spouse are now considering getting a divorce. You know that your relationship may be ending, but does that also mean that you could be at risk of deportation or losing your green card?
Was your marriage legitimate?
Most of the time, no, a divorce will not lead to deportation or the loss of immigration status. If you were legitimately married and you got a green card, it still qualifies even if you later get divorced. The government understands that relationships do end.
However, a problem could arise if the government believes your marriage was not legitimate to begin with. This is why it can sometimes be problematic if you start divorce proceedings before a green card has been approved. Even that doesn’t guarantee it will be denied, but it could make the government consider the validity of your marriage. If they think that it was a form of fraud – that you only got married to get a green card and not because you were in a real relationship – then it can impact your immigration status.
This can certainly be a complex situation, and you need to know what legal steps to take if your immigration status hangs in the balance. Seeking legal guidance proactively, therefore, is wise.