A divorce, contested or uncontested, can be a very challenging time for couples. It gets a lot more complicated when it is a green card divorce.
A green card is valid proof of the legal right to live and work permanently in the United States. When a marriage ends during or after the immigration process, the divorce can have serious consequences for the immigrant spouse. Here, we provide an overview of what a green card divorce is and how to handle the situation depending on where you are in the process.
What Happens If You Divorce Before the Green Card Interview?
A frequent question among applicants is “What happens if you divorce before green card interview?”
At this stage, your marriage is being reviewed by the immigration authorities. Since the application process is pending, a divorce at this time will mean that you no longer meet the eligibility criteria for a green card and the petition cannot proceed.
If you suffered any type of abuse from your spouse, you may be eligible to continue your green card application through the Violence Against Women Act (VAWA).
Conditional Green Card Divorce: What If There Is a Green Card Divorce Before 2 Years Is Up?
A conditional green card divorce before 2 years has passed needs to be managed carefully to avoid making an already bad situation worse. During the green card marriage process, the immigrant spouse may hold a conditional green card that remains effective for two years.
Normally, both spouses file jointly to remove conditions within two years. If divorce occurs before then, the immigrant spouse must apply for an exception and demonstrate that the marriage was genuine.
To do so, you will need convincing evidence that the relationship was real and not just a marriage for an immigration benefit. You can provide evidence such as shared leases, joint bank accounts, photographs, and testimonies from friends or family. All of these help to establish the fact that your relationship was legitimate.
Remember, a green card divorce before 2 years will not be automatic grounds for revocation of status. Instead, immigration authorities will carefully examine if the marriage began in good faith. Immigration officials examine these cases intensely to prevent fraud. A conditional green card divorce involves more paperwork and tighter scrutiny, so it’s recommended to work with an immigration lawyer to remove the conditions on your green card.
Does Divorce After Green Card Approval Affect Residency?
Many people ask, “Can I divorce after getting a 10-year green card?” Yes, because a divorce after green card approval typically does not affect your residency. This is because you are already considered a lawful permanent resident, independent of your spouse. That means you can work, live, and renew your card independently.
The only time a divorce after green card might come into question is if you subsequently file for citizenship. When that happens, the immigration officials may investigate the history of your marriage and the grounds of the divorce to confirm its authenticity.
Schedule a Consultation With a Green Card Divorce Attorney
Every stage of a green card divorce carries its challenges that must be carefully handled. Without the right support, these challenges can get overwhelming for the individuals involved.
At Natalia Darancou Law, we provide step-by-step guidance to protect your immigration status and help you move forward with confidence. Contact us today to learn how we can assist you in navigating the challenges of divorce and immigration.
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