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A comment on I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA.

Re:I'm Peter Roberts, immigration attorney who does work for... by sparrow98 on Friday April 12, 2024 @05:16PM (#40017750)
It's regarding my recent I-485 filing and my spouse's green card eligibility. Due to unforeseen family circumstances, my spouse and I are considering divorcing, but I want to ensure that my spouse's green card application is not jeopardized in the process. As the primary applicant, I am committed to supporting my spouse through the green card process before finalizing our divorce. To navigate this complex situation effectively, I would greatly appreciate your expert guidance on the following questions:

1. What are the potential risks to my spouse's green card eligibility if we proceed with the divorce after the application is approved?

2. What are the potential risks to my spouse's green card eligibility if we initialize the divorce before the application is approved?

3. What steps can I take to demonstrate the bona fide nature of our marriage and minimize any suspicions from USCIS regarding the timing of our divorce?

4. In the worst-case scenario, could my own green card application be jeopardized by this situation, and if so, what precautions can I take to protect my own immigration status?

[ Parent | on HN ]
Re:I'm Peter Roberts, immigration attorney who does work for... by klntsky on Friday April 12, 2024 @07:56PM (#40018898)
Do a postnuptial agreement with conditions exactly like if you divorced today to stop worrying about legal consequences of not divorcing now.
[ Parent | on HN ]
Re:I'm Peter Roberts, immigration attorney who does work for... by sfilmeyer on Saturday April 13, 2024 @10:55AM (#40023538)
> postnuptial agreement with conditions exactly like if you divorced today

There's no such thing as a postnuptial agreement fully legally equivalent to divorce, though. A trivial example is your legal ability to marry someone else, but there are plenty of other differences.

[ Parent | on HN ]
Re:I'm Peter Roberts, immigration attorney who does work for... by killa_kyle on Saturday April 13, 2024 @09:53AM (#40023153)
A green card through marriage comes initially as a “conditional” / 2 year card, and then your husband would have to apply to remove the conditions (ie show he’s still married) after that two year period. If you get divorced before the green card is even processed it might not make it that far…
[ Parent | on HN ]
Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Saturday April 13, 2024 @08:37PM (#40027616)
This is extremely nuanced and delicate; you absolutely should consult with an attorney before taking any green card steps.
[ Parent | on HN ]