U.S. Immigration Law: Early Divorce After Marriage-Based Visa Could Lead to Deportation
Ghanaians considering marriage as a pathway to U.S. residency should be aware of a strict immigration rule that could put them at risk of deportation if their marriage ends too soon.
Under Section 237(a)(1)(G)(i) of the Immigration and Nationality Act (INA), a foreign national who enters the United States on an immigrant visa or similar documentation based on a marriage that is less than two years old at the time of entry may face deportation if that marriage is annulled or terminated within two years of arrival.
This law was designed to deter marriage fraud, a practice where individuals enter into sham marriages solely to obtain immigration benefits. However, immigration lawyers stress that the law does not automatically presume fraud. Instead, it places the burden on the foreign spouse to prove the marriage was genuine and not for immigration purposes.
What the Law Means for Immigrants
For example, if a Ghanaian marries a U.S. citizen, obtains a green card, and then the marriage ends within two years of moving to the U.S., immigration authorities may initiate removal proceedings. Unless the immigrant can provide solid evidence—such as proof of shared finances, joint housing, family activities, or testimony from friends and relatives—that the marriage was legitimate, deportation is possible.
Expert Guidance
According to immigration attorneys, this rule often catches genuine couples who marry in good faith but later face irreconcilable differences.
“Even if your marriage ends quickly, it doesn’t mean you married for a visa. But you must be ready to show the government that your marriage was real,” explained one U.S. immigration lawyer.
What Immigrants Can Do
- Keep Records: Maintain evidence of your shared life—photos, receipts, leases, joint accounts.
- Seek Legal Help: If your marriage ends early, consult an immigration attorney immediately.
- Know Waiver Options: In some cases, waivers exist if deportation would cause extreme hardship or if the immigrant was a victim of abuse.
Why It Matters for Ghanaians
Marriage remains a common route for many Ghanaians seeking to live in the U.S. This law highlights the importance of understanding immigration requirements before making life-changing decisions. While marriage can open doors, it also carries serious legal responsibilities.
Bottom Line:
U.S. law allows for deportation if a marriage ends within two years of a spouse’s entry, but immigrants have the right to defend themselves and prove their marriage was genuine.