If you got a green card from marrying a U.S. citizen or permanent resident
but you are interested in filing for a
divorce, you may be wondering what will happen to your immigration status. Depending
on certain circumstances, it is possible your ability to remain in the
United States could be in jeopardy. Let’s look at how divorce affects
each phase of the application process.
Divorce After Filing Your Visa Petition
If you only filed a visa petition with the U.S. Citizenship and Immigration
Services (USCIS), a divorce means the end of your attempt to obtain a
green card. Waiting for approval doesn’t come with rights or protections
to be admitted or remain in the United States.
Divorce After Getting Approved for Conditional Residence
When an immigrant marries a U.S. citizen or permanent residency, he/she
can apply for conditional residence, which is a two-year green card which
is given to spouse once his/her visa petition has been approved. If an
immigrant spouse divorces after obtaining conditional residence, it could
be challenging to get approved for permanent residence.
After two years from the date of your approval for conditional residence,
you can submit Form I-751 for permanent residence. However, this form
is considered a joint petition, which both spouses must sign.
In the event of a divorce, you must submit the application on your own
and ask USCIS to waive the joint filing requirement. For this to happen,
you must provide convincing evidence that the marriage started off as
authentic, despite ending in divorce.
Common examples of evidence include copies mortgage and rental agreements,
children’s birth certificates, bank and credit card statements,
or life insurance shared by both spouses. Remember, you cannot use the
same type of evidence you previously submitted to USCIS. The more recent
the documents, the better your chances.
Divorce After Getting Approved for Permanent Residence
If you have successfully applied for a green card, you do not need to worry
about losing your immigration status. Keep in mind, this only applies
to permanent residents, not those with conditional residence.
Applying for U.S. Citizenship After Divorce
If you want to become a U.S. citizen, USCIS will get another opportunity
to review your immigration file and marriage information. If immigration
officials determine that you obtained your green card through fraudulent
means, not only will you lose the ability to become a U.S. citizen, you
could also get deported.
However, you should have an ample amount of documentation to prove the
legitimacy of your previous marriage. Again, the more recent the evidence,
the more convinced USCIS will be.
If you are interested in filing for divorce in New York,
contact our Bronx divorce attorneys at
The Law Firm of Wayne F. Crowe, Jr., P.C. today.