A same sex divorce lawyer can highlight unique concerns when LGBTQ+ couples face dissolution, especially when one spouse depends on the other for immigration status. Ending a marriage under those circumstances involves more than dividing assets or determining custody. It can bring serious immigration consequences, particularly in relation to visas.
The Intersection Of Immigration And Family Breakup
When it comes to same-sex marriages, sometimes one partner will hold citizenship or permanent resident status and sponsor their spouse for a green card or another form of full immigration. Therefore, if a divorce occurs before that status is fully secured, the sponsored spouse may find themselves at risk of denial, revocation, or even deportation. The timing of filing, the type of visa, and evidence of a bona fide relationship all come under scrutiny when the marriage ends.
Conditional Resident Status And Divorce
Many couples receive conditional green cards valid for two years when the marriage is less than two years old. To transition to full permanent residency, the couple must jointly file to remove conditions. If a divorce intervenes before that joint filing, the non‑citizen spouse loses that joint filing privilege unless they successfully petition for a waiver. That waiver typically requires proving the marriage was entered in good faith and not solely for immigration benefits.
Potential Visa Consequences
Once a petition for divorce has been filed, immigration and customs authorities could potentially begin to ask if the marriage was legitimate or just superficial as a means to full immigration. The non‑citizen spouse’s visa status, be it conditional resident status, spousal visa, or other derivative status, may be jeopardized. If the marriage is found not legitimate, their petition can be denied, status revoked, or even deportation proceedings initiated. These risks intensify when the divorce is filed before the immigration process is finalized.
Establishing A Bona Fide Marriage
In contested cases, proving a genuine marital relationship is crucial. Evidence might include joint leases, shared bank accounts, photographs, affidavits from friends/family, insurance beneficiary designations, or joint tax returns. Demonstrating emotional, financial, and domestic intermingling helps reinforce legitimacy. If possible, gathering this proof before tensions escalate can strengthen the non‑citizen spouse’s position if divorce later becomes unavoidable.
Special Considerations For LGBTQ+ Couples
Same‑sex couples sometimes navigate additional barriers: less social acceptance in certain jurisdictions, limited legal precedent, or delayed access to marriage recognition historically. These factors can make proving a bona fide marriage more difficult in immigration adjudication. Legal counsel must be sensitive to jurisdictional differences, evolving case law, and the interplay between state divorce law and federal immigration rules.
Practical Steps For Affected Spouses
- Document your relationship as extensively as possible from the earliest stages.
- Seek legal advice well before filing for divorce to evaluate options in light of immigration status.
- Prepare for a waiver application if a conditional status is involved.
- Do not assume divorce automatically ends federal immigration consequences, there may be hearings or adverse findings.
- Communicate with your attorney about timing, especially if concurrent immigration proceedings are underway.
When a same‑sex marriage ends and one spouse relies on the other’s immigration status, the stakes extend far beyond typical divorce matters. The non‑citizen party may face visa loss, denial, or deportation unless protective steps are taken. As our friends at Merel Family Law can share, blending family law and immigration strategy from the outset can make the difference between a ruinous outcome and a manageable transition. If you or a loved one is in a similar situation, contact a local attorney to explore your options.