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Legal Lotus, Miami Trial & Family Lawyers Discussion with immigration attorney, Elina Santana, Esq.--who answers some of the most frequently asked questions we have received regarding #FamilyLaw Cases and #immigration. Here's a summary: Question 1: A US spouse marries a non-US spouse, and files a family-based visa on behalf of the non-US spouse. Somewhere in between, the marriage falls apart, anda divorce is filed. How does this affect the application? Response: When you first apply for residency (Green Card/adjustment of status) you do need to still be married at the time that you go to the interview and get approved. So, at the time of the initial card process, yes. After that, you often need to do something called "remove conditions" cause your first Green card is given to you conditionally for two years. At that point, Immigration doesn't care as much if you've gotten divorced and separated. You just need to prove that the marriage was valid at the time while it lasted. That is all they are looking for; that the marriage was not a result of fraud. It's really hard when people are in the limbo stage for their conditional #residency part because immigration requires the signature of both spouses on the forms if you are not divorced. You're either married and filing together; or you're divorced. But there's no option for separated. As long as you're cooperating with your soon to be ex-spouse and they are willing to sign, that's ok. It's common to submit an application with an explanation stating that they parties are separated, we were real while we lasted...not together anymore and we're getting divorced. That's ok. Both parties can sign that and that would be a legitimate basis to request the removal of conditions. But if you have uncooperating spouses, and there's fighting going on in the divorce, then a lot of people have problems getting that signature. And that's where the real problem comes in. 2. Is it common for the ex-spouse to be called for an interview when the immigrant spouse is applying to remove the conditions? No, it's not common for the ex-spouse to be called to the #interview as long as the divorce is final. If the divorce is not final or pending, then both spouses are required to go to the interview. It's common for immigration to interview an immigrant spouse when that spouse seeks to remove conditions after a divorce, because immigration officers want to ask you questions to see if the marriage was valid. 3. What happens if both parties are required to attend the interview (divorce is not finalized), but the soon to be ex-spouse decides not to attend the interview? It is not advisable; because immigration can say that the application was abandoned; and therefore deny the request to remove conditions for not showing up. If that happens, then you can refile it once the divorce is finalized. Immigration doesn't want to deny you based on a spouse being difficult. If they want to deny you, it would be for legitimate reasons. It is highly recommended that you seek assistance of counsel if you have To contact attorney Elina Santa, call (305) 916-4800. For more information, visit her website at https://www.srlawpa.com/ Chapters 0:00 Introduction 0:52 How does divorce affect the application for the green card? 2:58 Is it common for the ex-spouse to be called into an interview after the divorce? 3:36 What happen if one party doesn't go to the interview? 4:56 Why is important to go with a lawyer to the interview when yo have divorced before finish the process of application for the green card? 5:20 Conclusions Have more questions? Let us know by sending an email to questions@legallotus.legal and we will do our best to develop content directed to your question. For more information: Check out and subscribe to our YouTube Channel:    / annafernandezesq   Check out our blog at http://www.legallotus.com Follow us on Instagram at   / legallotus   Like us on Facebook at   / legallotus   Visit our website at http://www.legallotus.legal Shop our Legal Templates at https://www.etsy.com/shop/LegalLotusF... No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to or through this video and webpage and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon website or video communications or advertisements. Feel free to contact us if you need legal assistance. #LegalLotus #FamilyLawyers #Divorce #TrialLawyers #FloridaLaw