How to Divorce a Non-US Citizen in El Paso
As if divorce wasn’t as complicated enough, additional complications emerge when one spouse does not hold citizenship status in the United States. A person undergoing divorce proceedings when one spouse is not a U.S. citizen must consider special circumstances and immigration laws. An immigration attorney can help sort out the legal complications that emerge.
Here’s some information that can help get you started.
If you need to file for divorce with a non-U.S citizen or are a non-U.S citizen filing for divorce in El Paso, contact The Law Offices of Rios, Parada, and Seanez for professional immigration legal counsel.
Census Data Regarding Foreign-Born Spouses
There are many circumstances that affect a divorce. One of those might be the residency status of one of the parties involved. The U.S. Census collects a wide range of data related to marriage patterns over the decades. For example, today the median age of first marriage has increased as people wait until later in life to get married.
Immigration patterns also have a considerable effect on marriages across the country. The census compiled information using migration trends from 1900 to 2018, for example and found a couple of interesting patterns emerging. Some of these facts include that 34.1% of married couples lived in the state where both spouses were born, 8.4% had at least one foreign-born spouse, and 14.5% had both spouses born outside of the United States.
Understanding the Process of Divorcing a Spouse that is Not a U.S. Citizen
In order to divorce a spouse that is a non-U.S. citizen, a similar process with some additional steps or paperwork may be in order. Below are some relevant facts about divorcing a person that is not a U.S. citizen.
Residency Status Can Be Affected
If you and your spouse have been married for less than two years, this may very well have their residency status revoked. If the person is already a permanent resident, however, divorce won’t affect that immigration status. If they are not, then both parties will be required to sign a termination waiver that swears both people entered the marriage in good faith and that it was valid.
Citizenship Status Can Be Delayed
For those married to a U.S. citizen, there is a residency requirement of three years. So, if a marriage ends before those three years, the person might have to wait an additional two years before they can take a citizenship test.
Child Support Payments are Not Affected
There are international protections in place—such as the Convention on the International Recovery of Child Support—that require enforcement of child support agreements among different nations. A spouse will still have to honor child support payments regardless of where they live.
Division of Assets Can Change
When a marriage dissolves, part of the divorce might include dividing up assets. If a spouse is foreign-born, the laws from their country of residence might apply when dividing up property and assets. Depending on what country they are from, this can get a little complicated.
The I-864 Affidavit of Support May Still Apply
This affidavit is first signed when a spouse marries a foreign-born person and sponsors their immigration application through the marriage. The document certifies that the spouse will be able to support the noncitizen spouse. This document can often apply even after the marriage dissolves.
The Complications of Divorcing a Non-Citizen
It is not uncommon for U.S. citizens to marry foreign-born people. If a person sponsors a non-citizen, the spouse is on a two-year conditional permanent residency status. After this amount of time elapses, the couple can apply to the Immigration and Naturalization Services for full U.S. citizenship. If, however, the marriage dissolves before this two-year conditional period, then the spouse may put their residency status in jeopardy.
If both parties entered the marriage in good faith (as mentioned above), they need to sign an affidavit that states the marriage was valid. This might also involve proving that they entered the marriage honestly and in good faith, as well proving that the couple did, in fact, live as husband and wife.
If You Are Divorcing a Non-U.S. Citizen, Contact an Immigration Attorney for Help
Immigration status can add to the complexity of a divorce, whether or not the couple has property together, and whether there are children involved. In order to navigate these waters in the best way possible, an immigration attorney can walk you through it all.
Have questions about divorcing a non-U.S. citizen in El Paso? Contact the law offices of Rios, Parada & Seanez today for the professional legal help you can count on.