Breaking Free: Can I Divorce After Obtaining a Green Card?

Getting a green card is a dream come true for many individuals who wish to live and work in the United States. However, marriage to a US citizen or permanent resident is often the easiest and most common route to obtaining this coveted status. But what happens when that marriage doesn’t work out? Can you still maintain your green card or is divorce the end of your American dream? In this article, we will delve into the intricacies of divorcing after obtaining a green card and provide valuable insights for those facing this situation. Let’s explore the question on every immigrant’s mind: Can I divorce after green card?

Divorce is a difficult and often emotional process, especially when it involves a green card. If you are a green card holder and considering divorce, it is important to understand how this may affect your status and what options are available to you. This article will provide detailed information on divorcing after obtaining a green card, including the potential consequences and steps you can take to protect yourself.

Understanding the Impact of Divorce on Your Green Card

Obtaining a green card through marriage is one of the most common ways for foreign nationals to become permanent residents in the United States. However, this also means that your green card status is tied to your marriage. Divorcing your U.S. citizen or permanent resident spouse could potentially jeopardize your ability to remain in the country as a permanent resident.

When you file for divorce, it is important to understand that your green card may be considered conditional if you have been married for less than two years at the time of applying for your permanent residency. This means that if you get divorced within two years of obtaining your green card, it could be revoked by U.S. Citizenship and Immigration Services (USCIS). However, if you have been married for more than two years at the time of applying for a green card, your permanent residency will no longer be conditional and you will not face any issues with USCIS if you get divorced.

It is also important to note that divorce proceedings do not automatically revoke your green card. The final decision lies with USCIS and they will evaluate the circumstances surrounding your divorce before making a decision on whether or not to revoke your green card.

The Two-Year Conditional Residency Requirement

As mentioned earlier, if you have been married for less than two years at the time of applying for permanent residency through marriage, your green card will be considered conditional. This means that you will be required to file a petition to remove conditions on your residency within the 90-day period before your green card expires. Failure to do so could result in the revocation of your green card and potential removal from the United States.

If you get divorced during this two-year period, you can apply for a waiver of the joint filing requirement. This means that you will need to prove to USCIS that your marriage was entered into in good faith and not solely for the purpose of obtaining a green card. USCIS will closely examine your relationship through evidence such as joint bank account statements, bills in both names, and photos together.

Protecting Your Green Card Status During Divorce Proceedings

As mentioned earlier, divorce proceedings do not automatically revoke your green card. However, if you are in the process of a divorce or considering one, it is important to take steps to protect your green card status. One option is to continue living with your spouse until the two-year conditional period has passed and then file for divorce.

Another option is to file for a self-petitioned VAWA (Violence Against Women Act) waiver if you have been subjected to abuse by your U.S. citizen or permanent resident spouse. This allows battered spouses or children of U.S. citizens or permanent residents to self-petition for permanent residency without their abuser’s knowledge or consent.

If you are unable to meet the requirements for a VAWA waiver, you may be able to apply for another type of waiver known as an “extreme hardship” waiver. This waiver requires proof that if you were removed from the United States, it would cause extreme hardship to your U.S. citizen or permanent resident spouse.

The Impact of Divorce on Conditional Green Card Holders

If USCIS determines that your marriage was not entered into in good faith and approved your green card based on fraudulent information, your green card may be revoked regardless of whether or not you were able to remove the conditions on your residency. This could also result in potential deportation or removal proceedings.

It is important to note that USCIS will consider the entire duration of your marriage when making this decision, not just the two-year period. This means that if you get divorced at any point after obtaining a conditional green card and USCIS determines that your marriage was fraudulent, you could still face revocation and removal.

Steps to Take After Divorce

After divorce, it is important to update USCIS immediately with any changes to your marital status. If you have not yet removed the conditions on your residency, you will need to file for a waiver as an individual rather than as a joint petition with your former spouse.

You should also take steps to change any legal documents and government records that list your former spouse as a sponsor or contact person. This includes updating your driver’s license, bank accounts, credit cards, and any other official documentation.

Divorcing after obtaining a green card can be a complex and uncertain process. It is important to understand the potential consequences and take steps to protect yourself during divorce proceedings. Consult

Understanding the Green Card Process

In order to properly address the question of whether or not someone can divorce after receiving a green card, it is essential to first understand the green card process itself. A green card, also known as a permanent resident card, is an immigration document that allows an individual to live and work in the United States on a permanent basis. Obtaining a green card is a significant milestone for non-US citizens who wish to make the US their home.

Obtaining a green card can be achieved through various means such as employment-based petitions, family-based petitions, or through refugee or asylum status. However, one of the most common ways to obtain a green card is through marriage to a US citizen. When a foreign national marries a US citizen, they may be eligible for an immediate relative visa, which allows them to apply for a green card without having to wait for a visa number.

Once the marriage has taken place and all necessary paperwork has been filed with the US Citizenship and Immigration Services (USCIS), the foreign national will receive conditional permanent resident status for two years. During this time, USCIS will closely monitor the marriage to ensure that it is genuine and not simply entered into for immigration purposes. After two years, if USCIS remains convinced of the authenticity of the marriage, they will remove the conditions on the foreign national’s permanent resident status and issue them their 10-year green card.

Can I Divorce After Obtaining My Green Card?

Now that we have established what exactly a green card is and how it is obtained through marriage, we can address one of the most commonly asked questions among immigrants – “can I divorce after getting my green card?” The simple answer is yes – you can still get divorced even after obtaining your green card.

The USCIS does not restrict individuals from seeking divorce after obtaining their green cards. However, it should be noted that obtaining a divorce before the two-year conditional permanent resident status period ends may result in jeopardizing your chances of gaining permanent resident status. USCIS will investigate the validity of your marriage, and if they believe it was entered into solely for the purpose of obtaining immigration benefits, they may terminate your conditional green card and possibly even initiate removal proceedings.

If an individual has been granted permanent resident status beyond the two-year conditional period, they will no longer be subject to such scrutiny. The green card is now considered unconditional, and should the individual get divorced at this stage, it will not impact their immigration status.

Nevertheless, even if an individual’s marriage has ended in divorce before or during the two-year conditional period, they may still be eligible to apply for a waiver to remove these conditions and keep their permanent resident status. This waiver is known as a waiver of joint filing and can be obtained if one can prove that the marriage was entered into in good faith but has since ended due to extreme hardship or abuse.

How Does Divorce Impact My Green Card?

Aside from possibly jeopardizing one’s permanent resident status during the two-year conditional period, divorce can have other implications on an individual’s green card. If you are relying on your spouse’s petition for permanent residence through marriage and you get divorced before receiving approval, your case will likely be terminated by USCIS.

Additionally, if you have already received your 10-year green card but then get divorced and wish to remarry a different US citizen or permanent resident, you may have to start over with the entire immigration process. This is because when someone obtains their green card through marriage to a US citizen or permanent resident, they are considered an “immediate relative” and do not have to wait for a visa number. However, once that relationship ends, potential new partners must sponsor them as a “preference relative,” which can result in a much longer wait time.

Moreover, if you are in the process of obtaining your green card and are applying for an employment authorization document (EAD) or a travel document (advance parole), a divorce may also have an impact. Divorce before receiving your EAD will also likely lead to the termination of your application, while a divorce before receiving your advance parole will render it invalid.

What Happens to My Green Card If I Divorce After Obtaining US Citizenship?

For those individuals who have already obtained their US citizenship after obtaining their green card through marriage, the good news is that divorce does not affect their citizenship status. Individuals who have obtained citizenship are considered “naturalized citizens” and therefore cannot lose their status unless they were found to have obtained it unlawfully.

This means that even if a naturalized citizen gets divorced shortly after becoming a US citizen, they retain all the rights and privileges as any other American citizen. They can remarry without fear of jeopardizing their status and can petition for their current spouse or any potential future spouse for permanent resident status.

In summary, obtaining a green card through marriage to a US citizen may pose some potential challenges if divorce occurs soon after receiving conditional

1) Can I divorce after receiving my Green Card?
Yes, you can get a divorce even if you have a Green Card. However, there are specific guidelines and requirements that you must follow in order to maintain your permanent resident status.

2) Do I need to notify USCIS if I get a divorce?
Yes, as a Green Card holder, it is required that you notify USCIS if you get a divorce. Failure to do so can result in repercussions such as losing your permanent resident status.

3) Will my ex-spouse’s immigration status be affected if we get divorced?
If your ex-spouse was your sponsor for the Green Card and the marriage lasted less than two years, then their immigration status may be affected. However, if the marriage lasted more than two years or your Green Card was based on other eligibility categories, then their immigration status will not be impacted.

4) Can I still apply for citizenship if I get a divorce?
If you were married to a U.S. citizen at the time of obtaining your Green Card, getting a divorce will not affect your eligibility for citizenship. However, you must still meet all other requirements such as continuous residence and good moral character.

5) What happens to my conditional Green Card in case of divorce?
If your marriage ended within two years of obtaining conditional permanent residence through marriage, it is crucial to apply for removal of conditions jointly with your ex-spouse or request for waiver of joint filing due to divorce.

6) I am an immigrant on a conditional Green Card and considering getting divorced. What should I do?
It is essential to consult with an immigration lawyer before proceeding with a divorce. They can guide you on the necessary steps to protect your immigration status and ensure that all requirements are met according to USCIS guidelines.

In conclusion, the question of “Can I divorce after receiving a green card?” is one that many immigrants may face. In this discussion, we have explored the various aspects and implications of divorcing after obtaining a green card. It is important to note that while a green card is often seen as a pathway to permanent residency and stability in the United States, it is not immune to the challenges and complexities of married life.

We have discussed how the timing of a divorce can impact an immigrant’s eligibility for permanent residency or even citizenship. We have also examined the legal process for divorcing as an immigrant, including important considerations such as financial support from a sponsoring spouse and potential immigration fraud claims.

Moreover, we have delved into the emotional and personal toll that a divorce can have on an immigrant, especially if their marriage was primarily for immigration benefits. Divorce can bring about feelings of shame, loss, and uncertainty about one’s future in the United States. It is crucial for immigrants navigating this process to seek support from loved ones and seek professional help if needed.

Ultimately, our journey through this topic has shed light on the complexities surrounding divorcing after receiving a green card. It is not a decision to be taken lightly, as it can have far-reaching consequences. As such, it