Divorce is difficult enough, but when spouses are citizens of different countries, it can more stressful. When one party to a divorce is not a citizen of the United States, the divorce can involve family law and immigration law issues.
When a non-citizen spouse is granted lawful permanent residence following an approved adjustment of status application, the non-citizen spouse will have a conditional lawful permanent residence card if the couple has been married for fewer than two years at the time of the adjustment of status. The card will be conditional for two years. If the couple is still married after the two year conditional period ends, they may jointly file a petition to remove the conditions.
Complications can arise if a couple decides to end their marriage before the conditional period is over. If you or your spouse is considering ending your marriage during the conditional period, it is important to speak to an immigration attorney prior to filing for divorce.
An additional issue that arises in the context of dissolution of marriage where one party is not a citizen of the United States is the potential for child abduction. Child abduction is frequently a fear during dissolution cases. If you believe that your non-citizen spouse may take a minor child outside the United States, there are Abduction Prevention Measures that can be entered by a Colorado judge to make international abduction more difficult.
Dissolution of marriage is a difficult process and it may be more difficult when one spouse is not a citizen of the United States. It is important to discuss these issues with a family law and immigration attorney. Our law firm handles both immigration and family law cases and can assist you with these issues, should they arise.