Divorce and Your Green Card

If you have been married for less than two years when your green card is granted, you’ll receive a conditional or temporary green card, which is only valid for two years.

Before it expires, you must jointly file a petition to remove conditions on a marriage-based green card and receive a permanent (unconditional) green card.

But what if your marriage doesn’t survive the two-year mark?

• The I-751 Petition

Should you find yourself in a divorce situation before your conditional green card becomes unconditional, you can still apply for a waiver of the joint filing requirement and file the I-175 petition regardless. This requires proving that the marriage was genuine and not a means to obtain immigration benefits.

It’s crucial to provide strong evidence to support your case, such as joint financial records, shared assets, and statements from loved ones who can vouch for your marriage.

Effect on Your Permanent Residency

While a divorce doesn’t automatically mean you will lose your permanent residency, it can complicate the process. If your temporary green card has already become permanent, your legal permanent residency remains intact. However, if you’re in the process of removing the conditions, the divorce might necessitate a waiver.

The Process of Submitting an I-751 Waiver

To file Form I-751 with a waiver of the joint filing requirement, it’s crucial to prepare a comprehensive package that includes the following elements.

• USCIS Filing Fee: Be sure to include the required filing fee, as outlined by the United States Citizenship and Immigration Services (USCIS);
• Copy of Your Permanent Resident Card: Provide clear copies of the front and back of your permanent resident card to establish your current status;
• Divorce Decree or Annulment Document: Include a copy of the divorce agreement, marriage dissolution contract, or annulment form. In situations where this document is not yet available, you can submit evidence demonstrating that divorce proceedings are underway.
• Evidence of a “Good Faith” Marriage: Compile a compelling body of evidence that substantiates the authenticity of your marriage. This evidence can encompass a diverse range of documents and proofs, so it’s essential to present a comprehensive case.
• Circumstances Surrounding the End of Your Marriage: Offer evidence that provides insight into the reasons behind the dissolution of your marriage. The nature of this evidence will depend on whether your divorce was a “no-fault” one or if actions taken by your former spouse precipitated it.
• Personal Statement and Supporting Evidence: Draft a personal statement outlining the circumstances surrounding your divorce or ongoing divorce proceedings. This statement, coupled with corroborating evidence, can significantly strengthen your I-751 waiver application.

What Qualifies as a No-Fault Divorce?

In cases where a divorce after a green card was granted to the foreign-born spouse was prompted by irreconcilable differences or a mutual decision to end the marriage, emphasize that it was a “no-fault” divorce.

Detail the specific differences that led to the divorce, such as disagreements on matters like having children or choosing a place to live. If you attempted to salvage the marriage through counseling, provide records or evidence of counseling, such as invoices or appointment schedules.

A Closer Look at Divorce by Fault of Ex-Spouse

In instances where the divorce is a result of your spouse’s actions, such as adultery, abandonment, impotence, or imprisonment, you can submit a copy of the divorce or annulment petition that outlines these fault grounds or any other supporting evidence.

It’s essential to avoid making statements that imply you were at fault in the divorce, especially if your actions played a role in the dissolution. If you suspect that your conduct may have adversely affected the divorce proceedings, it’s crucial to seek guidance from an experienced immigration lawyer.

When filing Form I-751 jointly with your spouse, it must be submitted within the 90-day window preceding the expiration of the conditional resident’s green card. However, if you’re applying with a waiver after a divorce, you enjoy greater flexibility. The petition can be filed at any point following the grant of conditional resident status and before the temporary green card holder is subjected to removal proceedings.

Waiver When the Divorce is Not Final

In certain scenarios, the conditional resident’s status may expire before the divorce is officially concluded due to prolonged divorce proceedings. In such situations, various options are available.

They could do one of the following:

• File the I-751 Petition with evidence that demonstrates the initiation of divorce proceedings;
• Delay filing the I-751 Petition until conditional resident status has lapsed and removal proceedings are initiated.

Individuals facing this complex decision should consult an experienced immigration attorney who can provide tailored guidance regarding an impending divorce after getting a temporary green card. Failure to file the I-751 can result in temriantion of your permant recidecy and commencement of removal proceedings against you.

Should you choose to file Form I-751 with a waiver predicated on divorce, USCIS will require proof of the marriage’s termination, such as a divorce decree or annulment, before granting your request.

To fortify your case, providing evidence that the divorce process has been set in motion, such as court documents, can significantly enhance your application’s strength. Typically, USCIS will respond with a receipt notice (Form I-797C) extending your green card’s validity for an additional period (usually one year) and will subsequently request the final divorce decree when available.

The Impact on Naturalization Proceedings

Divorce can also affect your eligibility for US citizenship through naturalization. To become a US citizen, you typically need to be a permanent resident for at least five years—three years for spouses of US citizens.

If you’re divorced during this period, it might affect the timeline for your naturalization eligibility.

Get Legal Help Removing Conditions on Marriage-based Green Card Post-Divorce

The immigration process can be intricate, and its intersection with divorce adds more complexity.

Consulting with an immigration lawyer is highly recommended in these situations—even better if they speak your native language. Schedule a consultation with Attorney Perez, who has the experience to help you get to LPR status and can communicate in Spanish, English, and Portuguese with her clients.

Let Attorney Perez examine your specific circumstances, guide you through the process, and help you navigate the requirements for removing conditions on your marriage-based green card.

Book your consultation online.