As we all know, divorce is a pretty stressful life event for just about anyone. However, it can become a downright harrowing experience when one spouse is a U.S. resident and the other is not. One of the stipulations for an immigrant spouse to become a legal U.S. resident is that permanent residency will not be available until the second marriage anniversary. By U.S. standards, this mark proves that the marriage was entered into in good faith rather than for the sole purpose of attaining residency.
In cases where both spouses are willing to work together amicably and sensibly to protect immigration status, divorce mediation can be a great option. If the two-year anniversary has not yet been reached when the divorce is filed, both spouses can agree to file Form I-751, Petition to Remove the Conditions of Residence. This is intended to let the the U.S. Citizenship and Immigration Service know that although the marriage did not last the required length of time, it was entered into in good faith.