“So if he already has his green card but got it within two years of marriage, it’s a conditional green card,” Kathleen Martinez, repped by Dominique Enchinton of Dominton Talent House, explains. “Meaning it’s conditional on him staying married. At the two-year mark, he will need to apply to remove those conditions and request to waive the spousal signature requirement.”
The immigration lawyer states that the waiver will require the Tunisia native, 27, to prove either he and Memphis, 35, “are married for bonafide, natural reasons” or “divorced for bonafide, natural reasons — A.K.A. not for a green card.”
“His marriage looks fraudulent,” Kathleen says of the 90 Day Fiancé alums. “If they didn’t know each other long before getting married, divorced quickly after, it’s going to be an uphill battle to keep his green card.”
Hamza’s visa status comes into question five days after In Touch broke the news that Memphis and Hamza’s divorce was finalized on October 28, 2022.
If the dad of one’s waiver request is denied, Hamza “could lose his green card,” the legal professional tells In Touch. “U.S. Citizenship and Immigration Services [USCIS] could decide to put him in removal proceedings but it’s not likely unless he commits a crime.”
Hamza and Memphis met online and dated eight months long-distance before documenting their first in-person meeting on season 5 of 90 Day Fiancé: Before the 90 Days, which premiered in December 2021. After tying the knot just weeks after their initial meeting, the international couple learned Memphis was pregnant with their first child — which marked the Michigan native’s third baby, as she had two children from a previous relationship.
By the time the couple returned for the season 5 tell-all, which was filmed in January 2022, Memphis had given birth to their daughter, Kiori Love Moknii, in October 2021 and Hamza’s CR-1 visa — which allowed him to enter the United States as the spouse of an American citizen — had been approved.
However, their happiness was short-lived, and Memphis publicly confirmed their split by that April. “Breast-feeding/breast pumping mamas!! It doesn’t STOP because we work, it doesn’t STOP so we can sleep and it definitely doesn’t STOP so we can play!” Memphis wrote alongside a photo of herself using a breast pump. She subtly revealed her relationship status by adding the hashtag “single mom life.”
Following their split, the 90 Day Fiancé: Before the 90 Day alums have been involved in a nasty custody battle over their daughter. In Touch exclusively revealed Kiori’s name in February 2023.
Hamza and Memphis did not immediately respond to In Touch‘s request for comment.