“Adieu”: The Divorce Procedure between U.S. Citizens and non-U.S. Citizens

“Adieu”: The Divorce Procedure between U.S. Citizens and non-U.S. Citizens

With the increasing nature of globalization, relationships between U.S. citizens and non-U.S. citizens are becoming more and more popular. The romance of ending up with someone from a different culture sweeps many off their feet, but at times, the marriage is never fully considered. There are also times when young couples from different nations marry before they are ready to keep their partners in the United States so that they can get the time to get to know each other. Finally, there are many who marry after fully considering the marriage, but certain realities become more and more difficult to overcome, such as the cultural disparities or the distance from friends and family.

The Divorce Procedure and Other Considerations

Marrying a foreigner can be extremely difficult, especially if you reside in the United States. There are applications to fill out, interviews with government officials, and official documents to complete. Divorcing a foreigner, however, is a less difficult procedure, but there are still certain factors that one must be aware of before divorcing his/her foreign spouse.

Marriage Must be Legally Valid in the First Place

Before a divorce may be acquired, the couple needs to have been officially and validly married in the first place. Most marriages, whether conducted in the United States or abroad, are considered valid once the applicant has proven that the couple was validly married. Generally, a marriage certificate can establish this provision. Also, the marriage must not violate United States public policy, like polygamous marriages, marriages to minors or non-humans, proxy weddings, or in an attempt to evade immigration laws.

The Couple Must File in the Jurisdiction Where They Reside

If the couple can prove that they were validly married (regardless of abroad or in the United States), the applicants must prove that they reside in the jurisdiction where they will be filing for divorce. Most states require that the couple lives in the jurisdiction for a specific time period.

In the county and jurisdiction where the couple resides, they may fill out and file the divorce petition form which will require the information of where the spouses were married. The United States generally apply reciprocity for marriages or divorces that occur abroad (unless there are public policy concerns that would question the validity of the marriage or the divorce).

The Divorce’s Effect on the Foreign Spouse’s Immigration Status

Depending on the foreign spouse’s status, a divorce will dissolve the foreigner’s ability to be eligible for naturalization as a spouse of a U.S. citizen. If the foreign spouse has already become a citizen, the divorce will not affect this status. However, if the divorce occurs before citizenship, the foreign spouse’s status will be changed and he or she will no longer be eligible for naturalization.

The Ten Year Post-Divorce Liability Sponsorship

If the foreign spouse has already become a citizen after the divorce, the U.S. Government still holds the U.S. citizen who married the foreign spouse responsible as a sponsor for the foreign spouse’s debts for at least 10 years. This means that even if the foreign spouse has divorced the U.S. citizen, the U.S. citizen may still be financially liable for the foreigner, if he or she, for example, go on welfare as a result of the divorce.

Experienced Family Law Practice in Charleston

There are many considerations when entering into a marriage with a non-U.S. citizen. There are just as many concerns that must be considered when deciding to divorce a non-U.S. citizen. Both situations should not be entered into lightly and it is important to speak with an experienced family law attorney at the Klok Law Firm LLC as the immigration laws are constantly in flux. Contact us today for an initial and confidential consultation.

15 Comments
  • 醫學美容-葡萄-嘟嘟唇-cosmetic-wiki
    Posted at 17:40h, 26 October

    【情侶穿搭】經典Saint James橫條紋衣,穿出屬於我們簡約甜蜜的情侶裝! @ 潮流、美妝、消費 創造個人化風格的女性社群 PIXstyleMe 【情侶穿搭】經典Saint James橫條紋衣,穿出屬於我們簡約甜蜜的情侶裝!

  • Football Solutions Isaiah Brown & Joshua Onomah (England) & Cristian Rivera (Spain) - Under-19 - Photos
    Posted at 06:23h, 05 November

    Manchester United are unlikely to continue the redevelopment of Old Trafford in the coming years, largely because of a railway line situated behing the main stand. Manchester United’s Old Trafford development plan hits the buffers on 100th birthday

  • Kaylene Hatley
    Posted at 08:20h, 16 November

    I don’t usually comment anywhere, but if you’re looking for additional income at home, have a look at this website: http://bit.ly/2ODt2Tt

  • futbol.run Arsenal held as Liverpool, Tottenham win away
    Posted at 03:10h, 19 November

    Koeman, who has worked as both a player and assistant manager at the Nou Camp, has been linked with the role with current boss Luis Enrique yet to extend his deal. Everton boss Ronald Koeman worthy of Barcelona job, says Frank de Boer 

  • Rico Higgins
    Posted at 22:47h, 26 November

    Finally found a legit way of making some really good money: Affiliate Program – 30 comission – all you have to do is browse through the products you like, then copy your affiliate link and include it as a comment on blogs or forums, or simply recommend it on your Facebook profile. This is one of the best affiliate programs out there, trust me on this one!

  • Johnie Duncan
    Posted at 19:56h, 28 November

    If you ever did try Phallomax, pls leave your thoughts here. I am about to try it out. Have heard about those pills some promising reviews. Just wondering on how many more inches would this product add to my little friend down there hah 😀

  • Carter Duran
    Posted at 19:56h, 28 November

    If you ever did try Phallomax, please drop your thoughts below. I’m about to test it out. Have heard about this remedy some very good reviews. Just wondering on how many of extra centimeters would that thing add to my little friend down there lol 😀

  • Will Hewitt
    Posted at 21:47h, 28 November

    I’ve used Phallomax for some time. No doubts it is surely the best solution for “that” problem. Received it from the UK within a few days and I live in Estonia. Well worth the money.

  • Jerrod Massey
    Posted at 21:48h, 28 November

    I’ve been taking Phallomax in the past. No doubts this is probably the best remedy for “that” problem. Got it from the UK very quickly and I live in Bahamas. Well worth of money.

  • Click Me
    Posted at 01:39h, 02 December

    Valuable post. Thx xD

  • Male Enhancement
    Posted at 01:41h, 02 December

    Great post. Best Regards 😀

  • Weston Breaz
    Posted at 22:29h, 29 January

    The core of your writing while appearing agreeable at first, did not really work well with me after some time. Someplace within the paragraphs you actually were able to make me a believer unfortunately only for a very short while. I nevertheless have a problem with your leaps in logic and one would do nicely to fill in those gaps. In the event that you can accomplish that, I would certainly be amazed.

  • Kraig Steptoe
    Posted at 22:29h, 29 January

    I just added this site to my google reader, great stuff. Can not get enough!

  • Hilario Garthee
    Posted at 09:07h, 13 February

    Great input. Btw did you try this product: http://bit.ly/2N5npwG Seems like it’s one of those products you don’t normally talk about. Did come across it a while back and decided I’ll test it out just to see how good it is. Have seen some video reviews on Dailymotion and they look legit (I mean not scripted). Not many products out there have so many positive opinions. Have a look on it, maybe this can finally solve our problems (or at least yours).

  • Keneth Exline
    Posted at 09:07h, 13 February

    Fab post. Btw did you hear about this product: http://bit.ly/2N5npwG Seems like it’s one of those products you don’t normally talk about. I’ve come across it a while back and decided I’ll test it out just to see how good it is. watched some video reviews on Dailymotion and they look legit (I mean not scripted). Not many products out there have so many positive reviews. Have a look on it, maybe this can finally solve our problems (or at least yours).

Post A Comment