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What Happens to Your Immigration Status When You Get Divorced?

Mahaprasad Nanda
Mahaprasad Nanda
September 7, 2024
USCIS PRFamily based visasUSCIS
What Happens to Your Immigration Status When You Get Divorced?

Marriage-Based Green Cards and Divorce: What You Need to Know

U.S. immigration law establishes two types of marriage green cards:

1. Permanent Green Card (10-year green card):
- For those married to a U.S. citizen for at least two years
- Simple renewal process without proving marriage legitimacy

2. Conditional Green Card (2-year green card):
- For those married less than two years
- Must apply to remove conditions after two years

Impact of Divorce:

1. On Permanent Green Cards:
- Divorce does not affect permanent resident status
- Renew every 10 years using Form I-90
- Can update name change on green card if necessary

2. On Conditional Green Cards:
- More complicated process
- Must request a waiver of joint filing requirement
- Need to prove marriage was genuine

3. On Naturalization:
- Normal waiting period: 5 years with green card
- Shortened period for marriage-based green cards: 3 years
- Divorce before naturalization approval reverts to 5-year wait

Removing Conditions on Conditional Green Card:

1. Joint Petition (Form I-751):
- Filed together by both spouses
- Must apply before conditional residence status expires

2. Waiver of Joint Filing Requirement:
- Used when divorce is finalized before conversion to permanent green card
- Mark relevant reason on Part 3 of Form I-751
- Provide evidence of genuine marriage or extreme hardship

Proving Good Faith Marriage:
- Provide concrete evidence like joint financial records, shared residence proof
- Explain reasons for marriage ending
- Detail irreconcilable disagreements if applicable

For more information on marriage-based green cards, visit: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

To learn about removing conditions on residence, visit: https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/remove-conditions-on-permanent-residence-based-on-marriage

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice specific to your situation.

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