If you get divorced after getting a green card, you risk never receiving a permanent 10-year green card if you still have your conditional green card, which is valid for only two years. However, if you’ve already obtained your permanent green card, there’s no penalty for divorce. Understanding the different types of green cards and how they’re affected by divorce is crucial in becoming a US citizen. It is important to navigate potential challenges if your marital status were to change.
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What is a Divorce?
A divorce is a legal process that dissolves a marriage. Oftentimes, couples will get married in the courthouse for immigration purposes and the benefits of an affordable wedding. Once a divorce is finalized, it will legally terminate the legal rights and obligations of a marriage (e.g., spousal support and shared ownership of property).
What is a Green Card?
A Green Card is a physical identification card that is officially issued by the United States Citizenship and Immigration Services (USCIS) to lawful permanent residents. It has the color green on the document, and has acquired the name “Green Card”, however it is officially called a Permanent Resident Card. A Green Card is proof that you are authorized to lawfully live and work permanently in the United States.
There are several different categories for Green Cards that allow you to lawfully immigrate to the US, The each have their own specific eligibility requirements, and the most common type of Green Card issued are for individuals who have family members who are US citizens or for those who have employment skills that are in high demand in the US.d SA`1
What is a Conditional Green Card?
A conditional green card is a temporary green card that is valid for two years, and is issued when you marry a US citizen. A conditional green card gives you legal permanent residence status in the US. You will have a conditional status until you file and obtain a permanent 10-year green card. You and your spouse must file a joint petition with USCIS before the two-year conditional green card expires in order to get a permanent green card.
What is a Permanent Green Card?
A permanent green card is a 10-year green card that is issued to lawful permanent residents based on marriage, and does not have any conditions. It allows you to live and work permanently in the United States and enjoy many benefits, such as traveling freely in and out of the country. A permanent green card is typically valid for 10 years and needs to be renewed before the green card expires.
What Happens if You Get Divorced Before Green Card Approval but after the Application?
Your entire application for a conditional green card is stopped, if you filed for a green card through marriage to a US citizen but got divorced before USCIS approves your application. Since the entire reason for your green card application was marriage, a divorce eliminates your eligibility. Unfortunately, you cannot continue the process on your own and would likely need to return to your home country or file for another visa.
What Happens if You Get Divorced After Receiving a Green Card but Before Removing Conditions?
You must get a waiver from the joint filing requirement or show mitigating factors (e.g., abuse), if you get divorced after receiving your conditional green card but before filing the joint petition to remove conditions. This situation is more complicated because normally you must file Form I-751 jointly with your spouse to remove the conditional status and obtain a permanent green card.
Can You Get a Green Card or Remove Conditions Without Your Spouse’s Consent?
In most cases, you cannot file Form I-751 or remove the conditions on your green card without your spouse’s cooperation. However, the USCIS may allow you to waive the joint filing requirement if you can demonstrate your spouse is unwilling or unable to participate in the process.
The USCIS may waive the joint filing requirement if you have experienced domestic violence or abuse from your spouse. You must be able to show substantial evidence to support your domestic violence claim. Police reports and injuries may help you claim. In addition, support is available and you should call 1.800.799.SAFE (7233) if you are experiencing domestic or sexual violence. In addition, you can receive a waiver if divorcing your spouse would cause you extreme hardship. This hardship could be financial, emotional, or related to threats to your safety if you were forced to return to your home country.
How Do You Waive the Joint Filing Requirement?
Filing Form I-751 with the waiver application Form I-601 is how you waive the joint filing requirement. This application requires extensive documentation to prove your eligibility for the waiver, and it will be important to speak with an immigration attorney to help with these m
How To Prove the Marriage Was in Good Faith?
Photographs, joint financial records, rental agreements, and affidavits from friends or family will help prove the marriage was in good faith. It is crucial to show the marriage to your US citizen spouse was entered into in good faith and not solely to obtain a green card. This might involve providing evidence such as:
What Happens if You Get Divorced After Receiving a 10-Year Green Card
If you already have a permanent 10-year green card and then get divorced, there is no penalty if you get divorced after receiving a 10-year green card. However, your green card must remain valid and unexpired in order for you to continue living and working in the US.
Can You Become a U.S. Citizen After Divorce?
Yes, after a divorce you can become a US citizen if you meet the eligibility requirements. These requirements typically include:
- Meeting a specific residency period as a lawful permanent resident (usually five years if married to a US citizen or three years if you haven’t been married for the past three years).
- Passing the US citizenship test, which includes a written exam on US history and civics and an English language proficiency test.
- Demonstrating good moral character.
If you obtained your green card through marriage, USCIS will scrutinize your marriage’s legitimacy during your naturalization application. However, as long as you can demonstrate a legitimate marriage, a divorce shouldn’t necessarily prevent you from becoming a US citizen. It will be important to speak with immigration attorney that can prepare you for this.
Do You Need to Talk to an Attorney About Divorce After Getting a Green Card?
Yes, you should talk to an attorney if you are serious about getting an divorce after getting a Green Card, especially if you have a conditional green card. An attorney can advise you on your specific situation, help you understand your rights and options, and guide you through the appropriate legal processes, such as applying for a waiver or filing for naturalization.
What is the Difference between Divorce and Separation?
A divorce formally dissolves a marriage through a legal process which terminates all legal rights and obligations of the marriage. However, a separation is an informal arrangement where spouses live apart but remain legally married.
Frequently Asked Questions (FAQs)
Here are some frequently asked questions regarding divorce and green cards:
Can I get a green card if I’m already divorced?
Yes, you can get a green card through marriage even if you’re divorced. However, you’ll need to demonstrate a bona fide marriage with your current spouse.
What if my spouse refuses to cooperate with removing conditions on my green card?
You can still apply for a permanent 10 year green card, and qualify for a waiver due to abuse, extreme hardship, or other reasons, without your spouse’s cooperation. Please speak with an immigration attorney to determine if you qualify.
How long does it take to get a green card after divorce?
The processing times for green cards can vary depending on your specific situation and the workload of USCIS.
Final Words
Divorce can be a complex and stressful process, and navigating the potential immigration implications can add another layer of worry. However, understanding the different types of green cards and how they are affected by divorce can help you make informed decisions. Remember, consulting with an immigration attorney experienced in such cases is highly recommended to ensure you are taking the right steps to protect your immigration status.
