Guide To Get A Green Card After Divorce In The US

Divorce is one of the most difficult and highly tense events that most people want to avoid. Despite the fact that many couples are very careful and devoted to their marriage, divorce and separation still happen.

Divorce generally has a negative impact on the economic and social life of many people. For people who are just getting settled in the country as well as those who are working towards their green card status, divorce is very difficult.

Although divorce is never pleasant, in the context of immigration law it can be very damaging in the wrong situation. It is understandable that many immigrants who enter the United States are concerned about whether they can get a green card after divorce.

A divorce may affect your immigration status. This will, however, depend on the status of your green card application before the divorce. Divorce does not affect permanent green card holders, but it may slow down their naturalization process. If you hold a conditional permanent green card, you may find it harder to obtain a permanent green card after divorce.

This means that the effect of a divorce on an immigrant spouse will depend on the couple’s immigration status at the time of the divorce. If the divorce is finalized before the immigrant spouse is eligible for permanent residency, it could have a significant effect on the immigrant’s immigration status and future in the US.

If you are facing a divorce in the midst of an immigration process, it is essential that you take the necessary steps to ensure the best possible outcome for yourself and your family.

If you are married to an American citizen and you are hoping to achieve a green card through your marriage, but you are facing a divorce or separation, it is important to understand the legal ramifications and potential outcomes.

Are you worried about what happens if you divorce before you get a green card? Or do you need immigration proof of your marriage? This post provides you with the needed answers and more.

Divorce and Separation

While divorce and separation prior to getting a green card draw more attention, there are some distinctions between these two instances. Understanding the details associated with each of these cases will help you make the right decision for your green card application.

Divorce occurs when a court orders the dissolution of a marriage. A separation, on the other hand, is when a married couple lives apart, usually due to conflicts within the marriage. A divorce case means the marriage is over, but in a separation case, the couple is still legally married but separated.

Separation may also take the form of an agreement approved by the court, which states that the couple has decided to suspend the marriage and live separately. In some areas, separation may be included in the divorce process, but the marriage remains legally valid until the court orders the dissolution.

Divorce laws vary across the US, so you will need to know your state’s divorce laws. In certain states, a formal separation may turn into a divorce after a certain period. According to immigration law, since the marriage has not ended, the couple is legally married.

As a result, the spouse who is not a citizen may still be able to obtain a permanent green card even if they are separated. However, there is an exception to this rule.

If the couple lives in a jurisdiction where legal separation automatically turns into divorce after a certain amount of time, then the spouse who isn’t a citizen may not be eligible for a green card after divorce based on the same conditions.

Cases of divorce in the green card process

Divorce can happen in any of three circumstances:

1. After you file for permanent residence but before you get your green card.
2. Once you get your conditional green card.
3. Once you remove your green card conditions.

In the first situation, your immigration process is stopped. This means that you are generally no longer eligible to apply for a green card after divorce, which could result in your being deported. If you divorce after you get a green card, your chances of being deported are reduced. However, you may still face legal consequences that impact your immigration status.

Green card risk after a divorce

If immigrants get divorced before they can obtain permanent residency, there are several legal ramifications, such as the loss of an immigrant visa. They lose their legal status in the US, and their immigrant visa is revoked. If their visa is revoked, they could be returned to their country of origin, which could result in them being deported.

If they get a new visa, they may have difficulty applying for it in the future. Divorce may also impact your application for permanent residency in a variety of ways, including if you divorce before your petition is approved, your petition process may be changed.

For instance, you may need to file a new petition or find a new sponsor. If you divorce before you get a green card, you may be asked to pass an immigration marriage test. This test requires you to prove that you and your spouse did not marry for the sole purpose of obtaining immigration benefits. You may also be asked to undergo an investigation to verify the legitimacy of your marriage.

Divorce before you get a green card

If you have already submitted an application for a green card, the process has started. But if you get divorced before your green card is issued, your entry status will determine your status as a green card applicant. Your green card application status will depend on whether you are the primary beneficiary or the derivative beneficiary.

As a primary beneficiary, you can continue with your green card application if you are eligible for an employment-based visa. But as a derivative beneficiary, you cannot continue your green card application because you are no longer the primary beneficiary’s spouse, which is the only criterion that qualifies you for that visa.

Getting a conditional green card after divorce is a complicated process and is better handled by experienced immigration lawyers. Let us handle it for you if you are thinking about marriage immigration.

Divorce before the end of the two-year conditional green card

In most cases, you will need to show that you and your spouse are still married before you can apply for a permanent green card after two years of being a conditional resident. This is known as a joint petition, meaning you and your spouse must complete it together. If you don’t apply before your conditional residence status expires, you could face expulsion or removal.

If you are not married before you convert to a permanent green card, the process is more complex. USCIS might question whether your marriage was real because it didn’t last. You will have to prove that you didn’t commit marriage fraud to get a green card. You will also need to ask USCIS to waive the joint petition requirement.

This means you will still need to submit a joint petition, but you will be able to file it separately.

Waiving the need for joint filing

If you have already completed your divorce or the annulment of your marriage, you cannot file a permanent green card after divorce on Form I-751 together. If this is the case, you must ask USCIS to waive the joint filing requirement for you to get a green card after divorce.

You can file a petition on Part 3: “grounds for petitioning Form I-751” by marking the box that includes the reason why you cannot file with your spouse. You will also need to attach additional supporting documents as outlined in the form instructions.

You will have to provide evidence that your marriage was real or “consensual,” even if it didn’t last. If applicable, you may also have to show that you would be in dire straits if you were to return to your home country.

Waiver based on abuse

You must also provide proof that you experienced spousal abuse or child abuse perpetrated by your US citizen spouse. This proof could be a copy of a report or an official document, such as a court ruling that you experienced extreme cruelty, a court order protecting you from the abuser, proof that you sought shelter or photos of your injuries.

You may also need to provide proof of your divorce decree in case your marriage ended because of extreme cruelty, physical abuse, or both. If you can prove that you are unable to return home and that your spouse was the cause of your divorce, then USCIS may have more sympathy for your case. You can self-petition under VAWA on this ground

Proving good faith marriage

Once you submit your waiver application, USCIS may request additional proof that your marriage was “in good faith.” It is important to show that your marriage did not exist for immigration benefits. Most divorces end with an agreement between the spouses, a marriage settlement agreement, or a judge’s order after a hearing known as a divorce decree.

A copy of the agreement or decree will be requested by USCIS. If the decree says that the marriage was “in bad faith,” your chances of getting a waiver are low. It is best to provide specific evidence that your marriage existed. For example, you may want to show joint financial records, that you lived with your former spouse, or that you went to marriage counseling.

You may also want to show that you had children together. You will also need to explain why the marriage ended. If there were irreconcilable differences between you and your spouse, you will need to explain those differences. For example, did one partner want children and the other didn’t?

They will be more receptive to extending your green card so you can keep your PR status. Here are some of the documents you can submit to prove that the marriage was in good faith:

1. Documents showing common ownership of property or joint residence.
2. Documents proving that finances were mixed up.
3. Documents showing that children were born as a result of the marriage, including their birth certificates.
4. Evidence from friends or parties that can testify to the validity of the marriage

If you do not have a strong case and the court finds fault on your part (i.e., adultery, abandonment, etc.), you will likely have the I-751 petition rejected. If you are unsure of where to begin an application for a green card after divorce, talk to a qualified immigration lawyer.

Get help!

If you are facing a divorce that affects your immigration status, it is essential to be open and honest with immigration officials. Otherwise, you may give the appearance that you are attempting to cheat on your spouse.

At Gehi and Associates, our immigration lawyers have extensive experience in this field and can help you determine the best course of action based on your individual situation. Contact us today for an initial free consultation!