Seeking a divorce in Florida can be complex, with questions about your assets, family and the reason for the separation. If you are attempting to dissolve your marriage, you may also have to answer questions about your immigration status and residency. The United States government wants to prevent immigrants from marrying a citizen solely for the purpose of gaining citizenship, so you need to be aware of the differences that will exist if you do not have permanent residence status yet. We at The Law Office of Philip J. Shipani work to ensure that you have the information and guidance to navigate divorce without affecting your citizenship.
First, the U.S. Citizenship and Immigration Services states that the length of time that you have been married matters. For two years after your marriage, you will have conditional residency. After two years, your green card will expire and you can apply for permanent residency.
Next, you and your spouse need to apply to have the conditions of your residency removed within 90 days of your second anniversary. Even if you are not getting along, you must do this together in order to be approved for permanent resident status.
There are certain exceptions to these rules, including whether or not your spouse is still alive. If you entered into the marriage in good faith, but were the victim of abuse or the marriage was annulled or dissolved in less than two years, you may still be eligible for permanent residency under certain circumstances. Find out more by searching on our web page.