How a Divorce Can Affect Your Marriage-Based Green Card
Navigating the U.S. Immigration Process After a Divorce
Getting a green card through marriage is a common path to residency, but what happens if the marriage ends in divorce? Many people worry that a divorce will automatically lead to deportation, but that’s not always the case. This guide explains the key factors involved when you have a conditional, two-year green card.
Understanding the Conditional Green Card
If you have been married to a U.S. citizen for less than two years when your residency is approved, you will receive a conditional green card that is valid for only two years. This temporary status is designed to prove to the government that the marriage is legitimate.
How to Remove the Conditions on Your Residency
At the end of the two-year period, you and your spouse are typically required to file a joint petition to “remove the conditions” and receive a permanent, 10-year green card. This process involves providing evidence that your marriage is ongoing and was entered into in good faith.
What if You Get Divorced Before the Two Years Are Up?
This is where many people become concerned, but a divorce does not have to be the end of your immigration journey. You can still file to remove the conditions on your own by requesting a “waiver” of the joint filing requirement. To be successful, you must prove one of two things:
1. The Marriage Was Entered Into in Good Faith
You must provide strong evidence that your marriage was legitimate and not for the purpose of evading immigration laws. This means demonstrating that you and your spouse built a life together. Evidence can include:
- Joint bank account statements or credit card bills
- Shared rental agreements or a mortgage
- Photographs together as a couple and with family
- Affidavits from friends and family who can attest to the validity of your relationship
2. The Marriage Ended Due to Abuse or Extreme Cruelty
Alternatively, you can file a waiver if you were subjected to battery or extreme mental cruelty by your U.S. citizen spouse. This is a sensitive but essential provision. To prove this, you will need compelling evidence, which can include:
- Police reports or court records
- Sworn declarations from friends, family, or counselors
- A professional evaluation from a licensed mental health expert
Ultimately, even if your marriage ends, it is still possible to get your permanent green card if you can prove your case. Because these situations are complex, it is highly recommended to schedule a consultation with an experienced immigration attorney to discuss your eligibility and options.