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What happens if you divorce your mail-order bride?



On One Hand: May Be DeportedAn immigrant spouse is a conditional permanent resident for the first two years of residency. During this conditional period, an immigrant spouse who becomes divorced may be subject to deportation, per U.S. Citizenship and Immigration Services regulations.

On the Other: Waiver PossibilityEven during the conditional permanent residency period, divorced brides can apply for a waiver, which would allow them to file for permanent residency without a spouse. Beyond the two-year conditional period, divorce from a U.S. citizen does not subject a permanent resident to deportation proceedings.



Bottom LineWhile a divorced mail-order bride may be subject to deportation proceedings, Immigration Services adjudicates these cases based on the possibility of fraud. If the marriage can be shown to be bona fide and not undertaken just to achieve permanent residency, then the bride may be allowed to stay in the country, as she would if the divorce occurred after the two-year conditional permanent residency period.

Source:United States Citizenship and Immigration Services: Filing A Waiver of the Joint Filing Requirement

DivorceNet.com: Divorce and Related Immigration Issues of an Immigrant Spouse

Library.FindLaw.com: Love, Marriage, Greencards, and Divorce