How does a divorce affect immigration?

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How does a divorce affect immigration?

I have applied for my Indian husband who came here on B1 visa from India. We got married late last year and applied 2 months later (this year). His interview date is next month. I have also applied for his 2 children, as my stepchildren, who are still in India. If I apply for divorce now, will it affect their paperwork? If so, how?

Asked on September 28, 2011 under Immigration Law, Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband has not yet even gotten his first conditional green card and you divorce, he will not be eligible for a green card, nor will his children, as there would be no valid, bona fide marriage as the basis for the qualification for the permanent residence on the basis of marriage.  You must be in a valid, bona fide marital relationship through the interview process of his green card.  Once he has a green card, which will be conditional for 2 years, you will be able to have your marriage dissolved but it may cause problems for him when he has to remove the conditional status at the time it expires (2 years from the grant of permanent residence) if you are no longer married at that time, as he will need to be able to prove that the marriage was bona fide.  If the USCIS sees that he got his green card and you divorced a few months thereafter, they will presume the marriage was sham and for immigration benefits only.


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