Let's talk about legal separation in your green card. As you know, these are difficult
times. People are separated physically from their spouses, consulates are closed, and
people are essentially not seeing each other for months and months. And that's causing
strain in the relationship. And unfortunately, there are cases where couples end up separating,
especially when they go through the green card process. What is the impact of separation?
Now, divorce on your actual green card is a major problem. And I'm getting a lot of
questions on this one. What will happen if I separate from my spouse? What will happen
if we're not going to end up the process before the interview? In this video, we'll talk about
the impact of legal separation on your green card, whether you're before the interview,
or after you received it. And we'll talk about different scenarios. So, what are you waiting
for? I'll see you on the other side. Whether you like it or not, being in a relationship
is not easy. And sometimes, couples separate. It could be a problem. If you're going through
the immigration process, whether you’re going to get your green card overseas, or
you're applying for a green card inside the United States. In this video, we'll talk a
little bit about the implications of legal separation before divorce on your green card
process. Welcome to our Immigration channel. My name is Jacob Sapochnik. And I'm an immigration
attorney located in San Diego, California. And I do videos every single week. We cover
so many different topics based on your suggestions and based on current events. And we're here
to support and educate you on the most important topics in US immigration law. So, let's talk
about legal separation and immigration. So, typically, when we go through the immigration
process, we have to convince either the US consular officer or the US immigration officer,
that your marriage is bona fide that it's a real marriage, that you’re really a couple
live together, you live your life as a couple. Unfortunately, sometimes, things happen and
people get separated. I can tell you that right now, especially with consular processing
where people are in one country, and they're stuck overseas, they're not able to come here.
I've seen a lot of issues where people just like… it put too much strain on the relationship.
And some people essentially file for what is called a legal separation, which is a step
before the divorce. So, it's not the fact that they are not living together in the same
household because obviously, if you're in two different countries, you’re naturally
not in the same place. But it's the fact that there is an intention not to finish that process,
not to be in a relationship anymore. And sometimes, filing a legal separation is the first step
towards that. So, what we will talk about in this video, I want to talk about what is
the impact of legal separation when you are, first, before your visa interview. So, you
didn't go through your visa interview yet. What's going to happen that in that process,
whether you were at the US Embassy or at the USCIS here. Number two is the impact of legal
separation after you receive a conditional green card. So, you're basically on your two-year
green card. And you need to remove the conditions at some point. And then there is a legal separation
at that point. And finally, what if there's a legal separation after you remove your conditions?
And what are the implications on your legal status or your future immigration status at
that point? I think those are the three points that people are mostly concerned about. And
I'll cover all these in this video. And I'll give you a few little tips if you stick to
the end. So, let's talk about the first scenario. So, you are about to go for your visa interview,
for your green card interview at the US consulate, first. So, your spouse's in the US, you're
overseas. It's been months since you haven't seen your spouse, and there are problems with
the relationship. And there's a legal separation that has been filed. If you attend a visa
interview, the officer, their intention is, first of all, to check that it's a bona fide
marriage. So, you have all the documents, you have all the proof that you're communicating
that you have maybe some assets together. But the fact that the legal separation is
filed, a consular officer will determine whether it is something that will end a marriage,
where this is something that happened temporarily and you still have an opportunity to reconcile,
remember, the legal separation itself does not end the marriage. It's just the beginning
to show that there was a problem, or maybe the couple is working on it. So, if it's a
consular case, and the consular is aware of the legal separation, they have the discretion
to decide and say, “Well, are you, guys, going to work on your marriage?” It depends
on what the intention of the parties is. And we had a case recently where the officer was
appreciative that the person told them about what happened. And he said, “You know what,
I appreciate your honesty. I do see that you, guys, are a good couple. If you're telling
me that you're going to try to work on that. I will issue the case.” And again, it's
only going to be a conditional green card. And the officer was willing to approve it
because they had enough evidence to show that it's a real bonafide marriage and they do
have an intent to work on the relationship. Now, with another case where the legal separation
was filed in the US, it was an adjustment case. And at that point, the immigration officer
wasn't convinced that, again, based on the state of mind of the parties, he didn't feel
that they are actually going to make it. So, there were a lot of animosities. There was…
the US citizen spouse didn't want to even show up to the interview the first time. And
so, the legal separation, according to the officer, was really the beginning of the end.
And he didn't see any way of how this couple is going to survive this crisis. And so, he
wasn't able to approve the case because he didn't believe that they were actually going
to be married. In fact, they have not been living together for at least five months before
the interview. So, there are different factors. It wasn't just the fact that legal separation
was filed but the point is that the legal separation was just a trigger for the officer
to basically question this entire relationship. And as a result, his case wasn't approved.
Now, remember, it also depends on different states. In some states, legal separation is
an indication of the termination of the marriage. And so, in those states, legal separation
is like a divorce. But in many others, in many states, like in California, for example,
legal separation is just legal separation. It doesn't mean that the marriage ended. But
for immigration purposes, they're looking at what is the intention of the couple, of
the parties. Is it to be together? Is it a temporary issue? So, but again, of course,
it's definitely going to be a hiccup in the case, especially before approval. So, if there
is a legal separation, the couples are physically separated as well. The chances of being approved
are not that good. And again, it's really important to be prepared to face immigration
and be able to explain to them what are the intentions of the parties. If the intention
is to be together, then maybe, there's a way to save it. Let's look at a scenario where
a person has their two-year green card, conditional green card, whether it's from the consulate,
or from an Adjustment of Status inside the US but then there's a legal separation. Well,
remember that when you have a conditional green card, you have to file for Removal of
Condition in 90 days, before the expiration of their card. If you're legally separated
at that point, which means that you filed the document with the court but you're not
yet divorced, then you have to think about it. Because if you filed it jointly if you
filed the case jointly but you're not going to be together, your intention is not to be
together, then ideally, it's probably better to get divorced. Because if you get divorced,
then it's probably much easier to apply for a waiver, a good-faith waiver based on the
fact that you were together but it just didn't work out. And if you're divorced, then you're
able to actually get the waiver filed, and eventually get your green card, as long as
you can prove that your marriage is bona fide. The fact that you have a legal separation,
if you file jointly, and you go to the interview, the officer may actually question the relations.
If you're intending to separate, why did you file jointly? They may actually have more
questions and may scrutinize your case even more. So, if you file the latest separation,
you actually intending not to be together, then it's probably better to just get divorced.
And then the immigrant is going to be able to file for a waiver and save their case this
way. So, it's not that bad. Let’s look at the final scenario, you have your tenure green
card, and then you file for legal separation. At that point, it doesn't really matter because
if the only thing that will change here is that if you want to apply for citizenship
based on three years because you're married to a US citizen, you're never going to be
able to do so because if you filed for legal separation, most likely one of you moved out.
And at that point, you're not going to satisfy the requirements of the three years to get
your citizenship. You have to wait five years, and then you're going to be able to apply
for citizenship, which is fine, but the actual green card is not going to be in jeopardy
just because you are legally separated. So, these are the things that are important to
know. Again, unfortunately, right now, there's a lot of problems in relationships, and whether
it's because of delays and many other things. So, it's important to know what are your rights
and how to handle the situation. If you're going to be in that position where you have
you get a divorce or legally separated at that point. Once again, if you’re here for
the first time, make sure to subscribe to our channel. Click the bell to be notified
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be able to share this video with more people just like you. Thanks for watching, and I'll
see you in our next video. Watch these two videos for more information just like that.