Consequences of Divorce Before Green Card or Work Authorization in the US

Divorce can have significant and unintended consequences for individuals who have immigrated to the United States through marriage to a US citizen. If you divorce your US citizen wife before obtaining a green card or work authorization, the ramifications can be severe, affecting your ability to stay in the country, work, and even endure significant personal and financial consequences.

You go back home unfortunately it probably will be at her expense

In many scenarios, when you decide to divorce a US citizen spouse, the financial burden and the cost associated with the divorce proceedings will likely fall on your spouse. This is especially true if you have no legal rights or support structures in place in the US, and your spouse may decide to move on and focus on her personal life without impacting her future negatively.

You can get deported any time...

The possibility of deportation is always a looming threat for individuals who are not yet lawfully present in the United States. Divorce can expedite this process if your spouse decides to initiate deportation proceedings based on your marriage being fraudulent or otherwise lacking in good faith. The US authorities will suspect that you may have entered into marriage with the intent to gain access to a green card or work permit through misrepresentation.

You likely have to leave the USA.

Depending on the circumstances, such as if your spouse is arrested for physical abuse, there might be a temporary exception to deportation. However, this is not a certainty and should not be relied upon. If you do not have a green card, your ability to remain in the country is extremely limited, and your immigration status is vulnerable to investigation and possible deportation.

Did you get here on the fiancé or marital visa?

If you received your visa based on a fiancé or marital relationship and your spouse is your sponsor, he or she can request your deportation. This is particularly common because, as sponsors, US citizens are required to support their foreign spouses financially for many years. After a divorce, your spouse may choose not to provide this support, ultimately leading to your deportation.

What do you think is going to happen?

Your green card application was based on your marriage to a US citizen. If you are no longer married, there may be no reason for you to be granted a green card. Without an active petition from your spouse, you would likely be denied an immigration visa, meaning you cannot continue to stay in the US legally.

Then you can't work or stay; deportation process is on the way

With your green card denied or voided due to your divorce, you would be classified as an unlawful presence in the United States. This classification can lead to a lengthy and costly deportation process. You may not be able to see the airplane door again in your lifetime without undergoing a lengthy and challenging legal process to regain lawful status.

You might be denied a green card.

The suspicion of having entered into a fraudulent marriage for the sole purpose of gaining a green card can lead to denials. If you are defendant in fraud allegations, it is important to accept and face these consequences, which may include deportation and the inability to return to the US even if your circumstances change in the future.

Conclusion

Divorce under these circumstances can have devastating outcomes, including potential legal proceedings, financial strain, and the likelihood of deportation. It is crucial for individuals in these situations to seek legal assistance to navigate through this process and potentially mitigate some of the negative consequences. Consulting with a competent immigration lawyer can provide guidance and support during this challenging time.