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Getting divorced is hard. If you got your green card through marriage, a divorce can make things even more confusing. You might wonder if you can stay in the U.S. or if you’ll lose your green card.
Below explains what happens if you get divorced after receiving a green card, and how it may affect your immigration status.
If you were married for less than two years when you got your green card, you were given a conditional green card. This card is only good for two years.
Before it expires, you need to file Form I-751 to remove the conditions. Usually, you and your spouse file it together. But if you’re getting divorced, you can still file it on your own by asking for a waiver.
If USCIS (immigration) believes your marriage was honest, they can approve your green card—even after divorce.
If you already have a 10-year green card, getting divorced will not cancel it. You can stay in the U.S. as a permanent resident.
However, divorce may affect your plan to become a U.S. citizen. If you were going to apply under the 3-year rule (because you were married to a U.S. citizen), you will now need to wait 5 years instead.
No, not usually. If you got your green card through a real marriage, you will not be deported just because you divorced. But if immigration thinks your marriage was fake or for green card purposes only, they may investigate. Use these checklists to get your documentation together for proof of marriage with your green card application.
Check out these guides to help you through this process!
Divorce can make your immigration case more complicated, but it doesn’t mean you’ll lose your green card. As long as your marriage was real and you follow the rules, you can keep your green card and stay on the path to U.S. citizenship. Having an experienced immigration attorney on your side is your first step. Call us today at 630-345-4164 to set up a consultation.
Our immigration law firm is here to support you. Contact us today if you’re going through a divorce after getting a green card, and we’ll help protect your future.
If you have a conditional green card because you were married for less than two years when you got it, getting divorced can make things more complicated, but if you’re divorced, you can ask to file the form on your own by showing that your marriage was real and not just for immigration purposes.
If you and your U.S. citizen spouse get divorced before you apply to change your immigration status, you usually can’t continue with the process. To be able to change your status, you need to still be married when you apply and when the decision is made.
If your marriage ends after you get your green card, what happens next depends on the type of green card you have.
Yes, if your marriage ends in divorce, you can apply for a waiver of the joint filing requirement to remove conditions on your green card. You must demonstrate that the marriage was entered into in good faith and not solely for immigration purposes. If USCIS denies the waiver application, you may request a review before an immigration judge.
Call Godoy Law Office today 630-345-4164 to find out if you’re eligible.
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Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
