Divorce is a painful and complex ending to a relationship. It becomes challenging when you are an immigrant in the United States on a marriage green card. You wonder about whether or not you’ll be able to continue living in the United States after your marriage ends.
The truth is that getting divorced has significant implications on the immigration process, particularly if you obtained your Green Card through marriage. This blog will provide insights into how a divorce might impact your green card status.
Types of Marriage Green Card Visa
After marriage, you can either have a permanent, renewable green card or a conditional two-year green card. A conditional green card is issued to immigrants who have been married for less than two years at the time of the green card issue. On the other hand, permanent renewable green cards are valid for ten years for immigrants. Let us learn about the impact of divorce on marriage green cards.
Impact of Divorce on Permanent Green Card
If you divorce and you have a permanent green card, there is typically no impact on the renewal process. At One People Law, our Attorney for Immigration Coral Springs guides you during the green card renewal process. You must file Form I-90 if your green card has expired or is soon to expire. You can also fill this form out if your green card has been lost, stolen, damaged, or destroyed.
During the green card renewal process, no questions are asked about your marital or relationship status. If you legally changed your name after divorce, then you need to update your green card. When submitting your renewal form, you need to provide a legal record with your new name.
Impact of Divorce on Conditional Green Card
As an immigrant, when you hold a conditional green card, a divorce has a significant impact on your citizenship. In order to lift the conditions after two years, you need to file Form I-751 to remove the conditions on your green card during your marriage. Our attorney for Immigration Coral Springs guides you throughout the application process.
However, you need to prove that your marriage was genuine prior to the divorce, and it is not the result of any immigration fraud.
How Do Our Lawyers Prove Your Marriage Was in Good Faith?
Our lawyers help you prove that your marriage was in good faith for your green card application. All you must have is substantial evidence of your marital relationship to prove your marriage. During the application process, the USCIS maintains a constant vigilance to avoid marriages of convenience in exchange for immigration benefits.
Our lawyers guide you on the types of evidence that prove your marriage was in good faith, such as:
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Joint Financial Documents
You need joint bank account statements, joint tax returns, and joint leases or mortgages with your spouse.
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Shared Assets
You need evidence of shared assets such as property or vehicles. This helps prove the authenticity of your marriage.
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Joint Activities
You can also use photos, travel itineraries, or other shared activities to show that you and your spouse lived together and built a life together genuinely.
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Affidavits from Family and Friends
You need statements from family members and friends who know you and your spouse as a couple. It can further provide evidence of the legitimacy of your marriage.
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Communication Records
You need printouts of emails, text messages, or call logs to show ongoing communication between you and your spouse. This helps you prove your involvement in each other’s lives.
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Cohabitative Evidence
You also need to have printouts of emails, text messages, or call logs to show ongoing communication and involvement in each other’s lives.
Our experienced immigration lawyers will help you gather and present all the necessary evidence to demonstrate good faith in your marriage. Contact our lawyers for immigration-based services.
Divorce During the Green Card Application Process
If a divorce occurs before the approval of an application, a marriage green card stops, and it progresses no further. It happens whether you are applying for a marriage green card or you are married to someone being sponsored for a green card through their U.S. employer.
However, USCIS is very careful and aware when it comes to finding out about your marital status. If an immigrant pretends to be married or does not disclose their divorce when applying for a green card, it is considered fraud. If proven, it can lead to the cancellation of green card applications.
Naturalization And Divorce
For any green card holder, it is a dream to become a U.S. citizen. You can apply for naturalization after five years of being a green card holder. If you are divorced before applying for naturalization, you have to wait the full five years, just like a non-marriage green card holder. However, you are still eligible to file Form N-400, Application for Naturalization. Divorce does not affect your eligibility criteria.
After you file Form N-400 to become a U.S. citizen, USCIS will review your entire immigration file again. For most people, the USCIS asks a few questions about their marriage during the naturalization interview. If you’re unable to produce convincing documentation, USCIS may deny your application. In the worst-case scenario, USCIS can refer you to immigration court proceedings for your deportation from the United States.
If you are a non-citizen and do not know how divorce affects your situation, you can contact our immigration attorneys.
Consult Our Immigration Attorney Now for a Green Card Application
Dealing with the aftermath of divorce can be daunting as an immigrant, especially when your immigration status is at stake. However, understanding different ways divorce can affect your citizenship can shed some light on your situation. It is important to consult our attorney for Immigration Coral Springs to navigate the green card application process. Contact One People Law to seek guidance on immigration-related services.