Updates from the courts: As a divorce lawyer in New Jersey, I know divorce can come at any stage in your life. Newlyweds not meant for each other, failed arranged marriages, mid-life crisis cases and now even the empty nest divorce exists and the divorce rates in that former sacred zone are rising fast. With some of these divorces (the newlywed/arranged marriages) comes immigration issues and concerns, we can help you with both and I will offer some facts/tips about obtaining a divorce within your first two years of marriage in the United States. My name is Santo Artusa and I am the lead divorce/family law attorney at the Artusa Law Firm of Jersey City.
People often ask, what happens to me or my wife if we divorce before the two year point with regard to immigration status and staying in America. Do you have a divorce case and want to stay in the United States and have a conditional status, etc? Below are the requirements/what the immigration authorities look for if you are married less than 2 years.
1. The marriage was entered into in good faith and that the marriage was not terminated by any fault of the immigrant. (living together as man and wife, having children together are all signs of a good faith marriage).
2. The immigrant would face extreme hardship if forced to leave/deported.
3. The immigrant suffered domestic abuse/violence/cruelty by the U.S. spouse. (VAWA-violence against womens act).
So while the marriage may not have worked, many people do not want their ex-spouse to be out of the country because of children together, etc. There are cases where the American spouse wants the person out because it was not a good faith marriage. I have seen various cases where people want the people to stay and others to go. Either way, many times the truth will come out if it was a real marriage or not. Sometimes people are just not meant to be together and a marriage can end within the first two years and it was a real-good faith marriage.
If you have a divorce and/or immigration case in Jersey City-Hudson County New Jersey contact my team in our Jersey City office on 201-706-7910 for an appointment to see if we can help you today.