If a divorce occurs, this support obligation should be considered in conjunction with spousal support and child support. This obligation does not ban the possibility of rehabilitative spousal support to enable to supported spouse to eventually earn their own income and support themselves.
Non-Immigrant Visa vs. Immigrant Visa
A Non-Immigrant Visa are given to people who come to the United States to work or visit without the intention of staying. The visa is for a specific period of time, and once that time period has expired, the non-immigrant must leave the country.
An Immigrant Visa are for aliens who come to the United States and intend on staying beyond a specific period of time. This type of visa grants that person permanent residency. Someone can obtain this status directly or through conversion from a non-immigrant visa.
Converting Non-Immigrant Visa to a K-1 Visa
This type of conversion is usually a situation where a U.S. citizen wants to marry someone who is not a citizen, and the U.S. citizen must petition the government on behalf of the non-citizen. Once the U.S. citizen starts the petition process, the couple must get married within 90 days, and at this point the non-citizen can petition for permanent residency (green card status). There will usually be an interview conducted to further investigate the marriage. As part of the petition, the U.S. citizen will have to provide an affidavit of support that he or she can support the beneficiary. The non-citizen remains a condition resident for two years, and if a divorce occurs prior to the completion of two years, the non-citizen may be deported.
How can I remove the Conditional Status of a Non-Citizen?
In order to convert from a conditional resident to a permanent resident, the conditional resident must submit a petition to have the conditions removed within 90 days of the expiration of the two year anniversary of their marriage. The two spouses must petition together unless a waiver is granted. The burden of the petition to show that a bona fide marriage existed when the parties were married. This could still apply if the marriage is in the process or has already ended in a divorce. A bona fide marriage is defined as "entered into with a genuine desire for a material relationship". The petition must include documentation of the marriage, an interview. Documentation might include joint tax returns, credit card statements, evidence of joint checking/savings accounts, birth certificates of children of the marriage, photos, deeds or leases supporting that the parties have lived together.
A party may attempt to be granted a waiver of the joint petition, which could be based on the grounds of extreme hardship, a good-faith marriage that ended due to death, divorce or annulment or a good-faith marriage in which the petitioner was a battered spouse. If the US citizen spouse is not being cooperative, this could put the conditional spouse in a bind when attempting to petition for permanent residency; a petition is stronger with both parties present at the interview and providing documentation.
Once granted permanent residency through marriage, the petitioning spouse may petition after three years for U.S. citizenship. The burden is to show that you have been of good moral character, which is not possible if you are convicted of certain crimes. With certain convictions, you could actually be deported when applying for U.S. citizenship.
Will I be deported for a Michigan domestic violence charge?
Under INA law, a conviction for domestic violence are grounds for deportation, including a plea under the spousal act otherwise known as MCL 769.4A, which is sometimes granted to domestic violence first offenders in Michigan. Although not considered a criminal conviction under Michigan law, it is considered a conviction for immigration purposes. The same standard apply for crimes against children for abuse, neglect and abandonment.
Under INA law, an alien would be barred from further admission into the United States for any conviction for an aggravated felony against a child, and certain misdemeanor offenses.
Despite some confusion, a Michigan PPO (personal protection order) alone is not a criminal matter or deportable occurrence but a violation of this order would be considered criminal.
What's a crime of moral turpitude?
Along with Michigan domestic violence and crimes against children, a non-citizen can be deported or banned from entering the United States with felony convictions for theft, fraud, robbery, home invasion, manslaughter, drunk driving, certain drug crimes and certain white collar crimes. Certain other crimes involving weapons and multiple misdemeanor convictions could lead to deportation.