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.