Many immigrants to the U.S. obtain green cards and permanent resident status by marrying U.S. citizens. Most of these marriages are fully legitimate and based on love and mutual commitment. To weed out those that aren’t, the United States Citizenship and Immigration Services (USCIS) conducts thorough interviews.
Still, a lot of marriages – including those created in love – end in divorce. For spouses who have a green card because of their marriage, the prospect of divorce can be frightening. In most cases, it shouldn’t be. However, if you’re facing this situation, there are a few things you do need to know.
Whether a green card is still conditional makes a big difference
For the first two years of having a green card, the benefits that the card confers are conditional. As such, if you’re in this period, you’re considered a conditional permanent resident (CPR). When that two-year period ends, CPRs and their spouses can file an I-751 Petition to Remove Conditions form to remove that conditional status and obtain permanent resident status.
If you have already passed that point, divorce shouldn’t affect your status. The only potential problem might be if your spouse decides to claim that they entered the marriage only to get you a green card. However, they’d be looking at serious legal consequences for themselves if they made such claims falsely.
Where things can get complicated is if you’re still within that two-year period where you have a conditional green card – particularly if your spouse refuses to sign the I-751 form. If you’re separated when that form is due, they might not be cooperative about signing it if your relationship has seriously deteriorated.
Getting a waiver of joint filing
If you can’t file the form jointly with your spouse, you can seek a waiver of the joint filing requirement by stating that the marriage was terminated. You may also have options if you’re facing spousal abuse. You’ll also need to attest that you “entered into the qualifying marriage in good faith.” You may still be asked further questions about the legitimacy of your marriage as well.
Divorce is certainly stressful enough without having to worry about potentially losing your residency status. Whether you need help with the I-751 form, you need to request a waiver of the joint filing requirement or you have other questions or concerns about your residency status and your following divorce, it’s smart to get experienced legal guidance.