That “Living With Your Ex” Trend? Not So Smart If You’re Sponsoring an Immigrant Spouse

cupcakeActual statistics on how many people are still living with their ex after a divorce are hard to come by. But between all the anecdotal reports, forums, and accounts by divorce lawyers, it appears to be the biggest unlikely trend since bacon on cupcakes and ice cream. It even merits a “How to” article on About.com.

The reasons behind this trend? It’s not necessarily that divorces have gotten all friendly all of a sudden. Cohabitating divorced couples are seemingly driven by financial constraints, efforts to maintain the kids’ accustomed home life, and (in a few of those anecdotal cases) just plain laziness. Yet in many cases, it sounds like the worst the couple contends with is a bit of neighborhood gossip.

But if one half of the couple is dating and plans to marry a foreign national, this cozy arrangement could turn into a problem far bigger than what the neighbors will think. It’s time to start worrying about what U.S. Citizenship and Immigration Services (USCIS) or an overseas U.S. consulate will think.

As attorney Marc Ellis points out in a recent article called “Mistakes That Applicants for Fiancée and Spousal Visas Make,” the immigration decision-maker “probably knows who’s been sleeping in your house.” And, given that a large part of successfully obtaining a green card based on marriage involves proving that the intended marriage is the real deal, not just a sham to get the immigrant a green card, having an adult of the opposite sex sleeping in one’s house is going to look mighty suspicious, divorce certificate or no.

Even if you get past that issue, there’s an additional problem if the cohabitation arrangement is due to tight financial circumstances: A U.S. citizen or permanent resident petitioning for a foreign spouse must show that he or she is capable of supporting that person, in addition to his or her existing household, by drawing on an income at or above the U.S. Poverty Guidelines levels. (See Nolo’s articles on “The U.S. Sponsor’s Financial Responsibilities.”) Claiming, “I’m too poor to get the ex-spouse out of the house but I’m ready to bring another spouse in!” is going to be difficult. Though I’d like to be a fly on the wall when you try.