Breaking Vows: The Truth About Divorcing After Receiving a 10-Year Green Card

Divorce is a difficult decision for anyone to make, but for those with a 10-year green card, it can bring even more complications. As an immigrant, obtaining a 10-year green card is often seen as a victory, providing stability and security in the United States. However, when a marriage starts to crumble and divorce becomes an inevitable option, many immigrants find themselves facing the fear of losing their permanent resident status. So, the question remains: Can I divorce after getting a 10-year green card? In this article, we will explore the complexities surrounding this topic and provide insight into navigating potential challenges along the way.

Understanding the 10-Year Green Card

A 10-year green card, also known as a permanent resident card, is issued to foreign nationals who have been granted lawful permanent residence in the United States. This card serves as proof of their legal resident status and allows them to live and work in the US permanently. One of the main benefits of a 10-year green card is that it provides a pathway to citizenship, allowing holders to eventually become naturalized US citizens.

To obtain a 10-year green card, an individual must fulfill certain eligibility requirements set by U.S. Citizenship and Immigration Services (USCIS). These requirements may include being sponsored by a family member or employer, having refugee or asylum status, or being selected in the annual Diversity Visa lottery. If an individual receives their green card through marriage to a US citizen, they will be issued a conditional green card valid for two years before they can apply for permanent residency.

Once an individual receives their 10-year green card, they are considered lawful permanent residents of the US and hold many rights and privileges, such as being able to work and travel freely within the country. They are also allowed to sponsor certain relatives for immigration to the US.

Can You Divorce After Obtaining a 10-Year Green Card?

If you obtained your 10-year green card through marriage to a US citizen and end up getting divorced before you have been a permanent resident for two years, your conditional status may be affected. In this case, you will need to file Form I-751 with USCIS to request that the condition on your residence be removed.

The goal of this form is to prove that you entered into your marriage in good faith and not solely for obtaining immigration benefits. It is essential to provide evidence of your shared life with your former spouse during the two-year period of conditional residence. This evidence could include jointly owned property, joint bank accounts, or photographs of you and your ex-partner together.

If you have already been a permanent resident for more than two years, you do not need to go through the removal of conditions process even if you get a divorce. However, it is still necessary to update USCIS with any changes in your marital status by submitting Form I-90.

What Happens to Your Green Card After a Divorce?

In the unfortunate event of divorce after obtaining a 10-year green card, it is normal to have concerns about your legal status in the US. The good news is that divorce does not automatically cancel or revoke your green card. As long as you meet the eligibility requirements and follow the correct procedures, you can maintain your permanent resident status.

As mentioned earlier, if your green card is conditional because it was issued based on marriage to a US citizen and the marriage ends in divorce before two years have passed, you will need to show evidence of the bona fide nature of your relationship when filing Form I-751. However, if you have already been a lawful permanent resident for over two years, there is no need for this additional step.

It is crucial to keep in mind that having a green card does not automatically make you eligible for citizenship. To apply for naturalization, you must be at least 18 years old and meet specific requirements such as maintaining continuous residence and being physically present in the US for a majority of the time. You will also need to pass an English language test and civics test.

How Does Divorce Affect My Eligibility For Citizenship?

In most cases, getting divorced before applying for citizenship should not affect your eligibility. USCIS looks at several factors when determining whether an individual is eligible for naturalization, including their continuous residence and physical presence in the US over five years (three if married to a US citizen).

If you have already met the residency requirements, your divorce alone should not disqualify you from applying for citizenship. However, it is important to note that USCIS considers your conduct during the five-year period of continuous residence, and issues such as involvement in criminal activities or failing to pay taxes may impact your application.

If you obtained your green card through marriage to a US citizen and got divorced before being a permanent resident for three years, you may be eligible to file for early naturalization. This process allows individuals to apply for citizenship after being a green card holder for just three years, rather than the standard five years.

What Happens If My Ex-Spouse Is No Longer A Citizen or Permanent Resident?

In some cases, an individual may get divorced and discover that their former spouse is no longer a citizen or permanent resident. In this scenario, the ex-spouse will not be able to sponsor their foreign national partner’s immigration anymore.

If you were granted conditional permanent residence through marriage and your ex-spouse has lost their citizenship or permanent resident status within the first two years of obtaining your green card, you can apply under form I-751 with a general waiver instead of filing form I-90.

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Understanding the Impact of Divorce on a 10-Year Green Card

When applying for a marriage-based green card, couples are often filled with love and excitement for their future together. However, as we all know, sometimes marriages do not always work out, and divorce becomes a necessary reality. This may leave many individuals who have recently acquired a 10-year green card wondering about the impact of divorce on their immigration status. In this article, we will explore the process of divorcing after obtaining a 10-year green card and what it means for your lawful permanent resident status.

How Does Divorce Impact Your Green Card?

If you received your green card based on marriage to a U.S. citizen or permanent resident, you are granted conditional permanent resident status for two years. This means that your green card is only valid for two years and you will need to apply to remove the conditions before it expires. However, if you are getting divorced within those two years, removing the conditions on your green card may be more complicated.

When applying to remove the conditions on your green card, you must show that you entered into a bona fide marriage with your spouse and that it was not solely for immigration purposes. In most cases, this is easily proven through joint financial documents, lease agreements, or other evidence showing that you have shared assets and responsibilities with your spouse. But if you are getting divorced during this time period, it may be difficult to prove that your marriage was genuine and not just for immigration purposes.

Divorcing After Your Green Card Has Been Approved

If you have already obtained a 10-year green card without any conditions, then your divorce will not impact your immigration status. Your lawful permanent resident status is not dependent on maintaining a marital relationship with your sponsoring spouse. Therefore, as long as you obtained your green card through a bona fide marriage, you will not lose your permanent resident status after a divorce.

However, even if your divorce does not affect your immigration status, it is essential to be aware of any potential complications when it comes to naturalization. You must demonstrate that you have been living in marital union with your U.S. citizen spouse for the three years prior to your naturalization application if you are married to a U.S. citizen. If getting divorced before this time may raise doubts about the validity of your marriage and potentially delay or disqualify you from obtaining U.S. citizenship.

Can You Still Apply for Removal of Conditions If You Are Getting Divorced?

If you find yourself facing divorce during the two-year conditional period of your permanent residency, there are still options available to remove the conditions on your green card. You can file for removal of conditions by yourself and request a waiver of joint filing with your spouse.

To be eligible for this waiver, you must provide evidence that you entered into a good faith marriage with your spouse but have since been divorced or battered by them. This evidence can include any official documentation such as divorce decrees or police reports that show the dissolution of the marriage or instances of domestic violence. If approved, you will receive a 10-year green card without needing to jointly file with your former spouse.

What Happens if Your Removal of Conditions Application is Denied?

If USCIS denies your application to remove conditions on your green card after getting divorced, then it depends on how long ago the denial occurred. If less than 60 days have passed since the expiration date on your conditional green card, USCIS may allow an appeal before initiating removal proceedings against you.

However, it is important to note that once the removal proceedings begin, USCIS no longer has jurisdiction over your case and cannot approve any further petitions or applications. In this situation, you can request to appear before an immigration judge who will determine if you should be allowed to stay in the country as a lawful permanent resident. It is crucial to have a knowledgeable immigration attorney to represent you in such proceedings.

While divorce may be an unfortunate reality for some individuals with a 10-year green card, it does not necessarily have to jeopardize your immigration status. However, it is essential to seek the guidance of an experienced immigration attorney if you find yourself going through a divorce after obtaining a green card. They can help you understand your options and navigate the complex legal process to ensure that your immigration status remains intact.

Q: Can I divorce after getting a 10-year green card?
A: Yes, you can get a divorce after obtaining a 10-year green card. However, it may impact your immigration status and require you to take certain steps to maintain your lawful permanent residency.

Q: How does getting divorced affect my 10-year green card?
A: If you divorce within the first two years of obtaining your 10-year green card through marriage, your conditional residency may be terminated. However, if you are divorced after this two-year period, you will maintain your permanent residency status.

Q: Will I lose my 10-year green card if I get divorced?
A: Divorce alone does not automatically result in losing your 10-year green card. If it occurs within the first two years of marriage, you may have to remove the conditions on your residency. If it happens after this time period, you may keep your permanent residency.

Q: Do I have to notify USCIS if I get divorced while on a 10-year green card?
A: Yes, as a permanent resident, you are required to notify USCIS of any changes in marital status within ten days of the event. Failure to do so could lead to legal consequences.

Q: Can my ex-spouse revoke my 10-year green card if we get divorced?
A: Your ex-spouse cannot personally revoke your 10-year green card. However, they may report any fraudulent activity or indicate that the marriage was solely for immigration purposes and request that USCIS investigate.

Q: What should I do if my ex-spouse claims our marriage was fraudulent for immigration purposes?
A: If your ex-spouse accuses your marriage of being fraudulent for immigration purposes, it’s crucial to gather evidence and consult with an experienced immigration attorney who can help defend your case and protect your residency status.

In conclusion, while obtaining a 10-year green card may provide a sense of permanent residency and stability for an individual’s immigration status, it is important to understand the implications and impact on one’s marriage. The potential divorce after receiving a 10-year green card raises questions about how it will affect an individual’s immigration status and future citizenship.

It is essential to consult with an experienced immigration attorney who can guide you through the complex process of divorce and its potential impact on your immigration status. Planning ahead and understanding the legal requirements for maintaining permanent residency and pursuing citizenship is crucial.

Additionally, individuals should carefully consider the reasons for their divorce, as fraudulent or sham marriages can result in serious consequences. It is important to note that USCIS has measures in place to identify and investigate fraudulent marriages for immigration purposes, which may lead to denial of citizenship or even deportation.

Overall, obtaining a 10-year green card does not guarantee permanent residency or citizenship if the marriage ends in divorce. It is essential to be fully informed and prepared before making any decisions regarding marriage or divorce.

In conclusion, it is crucial to understand that while a 10-year green card provides stability for one’s immigration status, it also comes with responsibilities and potential consequences in the event of a divorce. Seeking legal advice from an