Alabama Family Law For U.S. Permanent Residents
Remember when getting a permanent green card meant that you could breathe a sigh of relief, when all you had to do was wait a few more years and you would be eligible for U.S. citizenship? U.S. permanent residents are in a more vulnerable position these days than they have been for as long as anyone can remember. Green card holders are facing more scrutiny and legal hurdles than before, in ways that would have been unthinkable a year ago. So far, no one has said anything about losing your permanent residency status if you divorce your U.S. citizen spouse, but no one can blame you for feeling vulnerable if you get divorced when your spouse has U.S. citizenship and you do not. You do not have to be a U.S. citizen to get a divorce in Alabama. The Alabama courts have jurisdiction over the divorce case if the petitioner has lived in Alabama for at least six months, regardless of citizenship status. The courts have dissolved marriages where both spouses had student visas, where they both had green cards, and so many other combinations of immigration statuses. If your marriage fell apart after you got a green card but before you became eligible to apply for naturalization, contact a Birmingham divorce lawyer.
Unhappily Married Green Card Holders Between Scylla and Charybdis
When you apply to adjust your status to permanent residency after marrying a U.S. citizen, USCIS first issues you a conditional green card. It is valid for two years, and as the end of the two-year period approaches, you apply to remove the conditions. USCIS then interviews you and your spouse to ensure that you married each other in good faith and not only as a means to get a green card. Once you get a permanent green card, it is permanent; divorce will not affect your permanent residency or your eligibility for naturalization.
If you divorce before getting your permanent green card, you lose your permanent residency. The burden of proof is on you to persuade the court that you deserve to keep your permanent residency and have the conditions removed from your green card even if you divorce. It is possible to do this if domestic violence is the reason for your divorce.
Should You Choose a Postnuptial Agreement or a Legal Separation Instead of Divorce?
Even though the law is on your side when you have a permanent green card, a lot of people stay in unhappy marriages until they become naturalized U.S. citizens, out of an abundance of caution. If your marriage is untenable, but you do not want to divorce your spouse, it is possible to separate your finances, which are often a major source of marital conflict, while remaining legally married. For example, you can sign a postnuptial agreement declaring that a certain conflict-prone asset or debt belongs to only one spouse. Alabama law also allows for legal separation, where you divide your marital property, like divorced people do, but you remain legally married.
Contact Peeples Law About Divorce for Mixed Citizenship Couples
A Birmingham family law attorney can help you finalize your divorce if your spouse dumped you after you got your permanent green card. Contact Peeples Law today to schedule a consultation.
