Divorce can disrupt various things in your life, and if you are also dealing with immigration issues, things can get even more complicated. If you had gotten your green card through your marriage and that very marriage comes to an end, it raises various questions about your immigration status. One may ask whether you can still be eligible to be a US citizen.Â
The USCIS has strict laws regarding green cards given through marriages. Therefore, if you were given one because of your spouse, the USCIS will make sure that your marriage is genuine and that you were not trying to get immigration benefits. Therefore, you might be in trouble if you get divorced not long after your marriage and get your green card.Â
Getting a divorce can highly impact your chances of getting US citizenship. If you are worried about your future, consult with a visa attorney California immediately. It is particularly important if you have a child with your spouse, as it increases the complexity of the case.Â
Impact of divorce on different stages of the green card process
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During the application process
If divorce occurs during the application process for a marriage-based green card, it can stop the entire immigration process. If you get divorced before receiving your green card, you can not continue the process.Â
This is because the relationship which was the reason for the green card no longer exists. To qualify for the application, you must be married to the sponsoring spouse at the time of the final approval.
If a divorce occurs before the final approval, you can take several steps. You must gather evidence that proves that you entered the marriage in good faith and not only because of immigration benefits. This may include joint financial records, affidavits from friends or family, and so on.
2. Conditional green card holders
If you are holding a two-year conditional green card, you may also face complications due to divorce. This status is granted to individuals who obtained their green card based on marriage and were married for less than two years at the time of approval.Â
If you want to change this conditional resident status to permanent residency, you must file a joint petition (Form I-751). However, you must do this 90 days before the expiration date of the green card.Â
Divorce can significantly affect this process. If you are no longer married to your spouse, you can request a waiver for the joint filing requirement. Make sure to provide evidence that shows your marriage was real and entered into in good faith.Â
3. Permanent green card holders
If you already have a permanent green card, getting a divorce will not affect it. A divorce does not generally affect your permanent residential status. You can continue to hold the green card even if you are no longer married. Â
However, if you got your green card because you married a U.S. citizen, it can be harder to become a citizen. Normally, you can become a citizen after three years of marriage. However, if you are divorced, you will need to wait five years.Â
Also, the government will need proof that you entered the marriage in good faith and not solely due to citizenship purposes.Â
Tips for handling divorce during the green card process
If you are going through a divorce, getting legal and immigration support is very important. Consulting with an attorney who specializes in immigration law can provide tailored advice to protect your legal status and help you understand your options.Â
Moreover, open and honest communication with immigration authorities is also important. If a divorce occurs, make sure to inform U.S. Citizenship and Immigration Services about any changes in marital status. This can be done through Form I-751. Informing the authorities can help you avoid any complications in the green card application process.
Gathering documents that show you entered the marriage in good faith is also crucial. Collect evidence that shows the authenticity of the marriage, such as joint financial documents, shared residence records, photographs, and affidavits from friends and family.
