Many people choose to marry a foreign spouse and need to bring him or her to the United States using a K-1 visa. This is a special visa that is reserved for fiancés and fiancées that are immigrating from another country. When a foreigner marries a U.S. citizen, he or she is automatically permitted to apply for citizenship. In almost all cases, the ICE will push these applications through and ensure that the new spouse gets citizenship in a timely matter.
The ICE is very cautious that immigrants don't marry U.S. citizens solely for a right to citizenship. This is illegal. Some individuals may offer to pose as a spouse so that a man or woman can become a U.S. citizen. After the immigrant becomes legal, the spouse will get a fast divorce and ask for payment as a part of a business deal. This is considered a crime and immigrants caught using this method for citizenship can be deported.
If you are marrying for love or because of a true desire to be with the other person, then the ICE has no qualms about these types of weddings. But what happens if you and your spouse do not work out, and get a divorce shortly after you wed? The divorce laws are complex and your immigration status may even be different depending on which state that you file the divorce papers in. The impact of your divorce on your immigration status will depend mostly on the timing of the event. If your citizenship is still pending, it may be revoked at this point.
Most individuals who are going through a divorce hire a family attorney to help them, but if you are an immigrant then you will want an immigration lawyer to come to your side and defend you against the possibility of revoked citizenship. In the case of an annulment, your citizenship will most likely be removed. This is because an annulment will mean that the marriage is erased from record and will be treated like it never even happened. Only very short marriages can be treated as an annulment. If your spouse insists on getting an annulment of this kind, there is very little that an immigrant lawyer can do to help you remain in the United States.
Marriages can be annulled if the parties are closely related to each other by blood, if one of the parties was married to someone else, or if a party was below the age of consent. A marriage can also end in annulment if one of the parties was not of sound mind or if the party was unable to engage in heterosexual intercourse for one reason or another. If one party was forced to marry the other through fraud, trickery, concealment, duress, coercion, or misrepresentation then this can also result in an annulment. Also, if the parties failed to follow local procedure with regard to requirements for blood tests, waiting periods, witnesses, or licensing, then this can be a reason for an annulment.
On the other hand, a divorce acknowledges the existence of a previous marriage. In these cases, you will want an immigration lawyer to defend you as you work through the implications of your case. If you divorce while you are still on a K-1 visa and have not been issued permanent residency, then you may lose your possibility for citizenship. You will also want lawyer if you gained residency through a U.S. citizen and are still satisfying the conditional two-year residency period.
Also, if you gained residency through marriage less than a year from when the divorce took place, or are the victim of alleged spousal abuse that has not yet been confirmed, you will want an attorney on your side. Also, a person who immigrated as the spouse of a person who was granted asylum but has not been awarded permanent residency may be at risk to losing his or her citizenship. Hire an immigration lawyer if you are getting a divorce and are worried it will affect your immigration status today!