Many people receive U.S. green cards through marriage to a U.S. citizen or lawful permanent resident. But what happens if you get a divorce after your spouse has sponsored your green card? Divorce can have significant impacts on your immigration status, especially during certain stages of the green card process. In this guide, we’ll explore how divorce affects your green card and what steps you can take to protect your future.
What Happens if You Get Divorced After Getting a Green Card?
A green card allows you to live and work in the U.S. as a lawful permanent resident. However, if your green card was based on marriage, divorce can complicate things—especially if it happens before your green card is fully approved or before you’ve removed the conditions on it. Let’s break down the different scenarios.
Divorce Before Your Green Card is Approved (But After the Application)
If you and your spouse divorce after applying for a green card but before it’s approved, your green card process comes to a halt. Unfortunately, because you qualified for the green card based on your marriage, you no longer meet the criteria if that marriage ends. In this case, you’ll likely need to return to your home country.
Even if your petition has been approved but your green card hasn’t been issued, you cannot stay in the U.S. unless you have the physical green card in hand.
There are exceptions, though. For example, if you’ve experienced battery or extreme cruelty from your U.S. citizen or permanent resident spouse, you may be eligible to self-petition. This allows you to continue the process without your spouse’s knowledge or approval. In this case, it’s crucial to consult with an immigration attorney who can guide you through the process and explain your options.
You don’t need police reports or medical records to prove abuse; your attorney will help you gather the necessary information to present your case. You might also qualify for a green card under another category, such as:
- Another family relationship with a U.S. citizen or permanent resident
- Employment
- Refugee or asylum status
- Membership in a special immigrant category
- Registry
If you think you could qualify under a different category, speaking with an attorney is your best move to find a path forward.
Divorce After Receiving a Green Card But Before Removing Conditions
If you’ve been married for less than two years when you get your green card, it comes with conditions. The key condition is that you remain married to the spouse who sponsored you. If you divorce before the two-year mark, it could affect your immigration status.
If you wish to stay in the U.S. after your divorce, you’ll need to file Form I-751 to remove the conditions on your green card. Usually, this form is filed jointly with your spouse, but in the case of divorce, you’ll need to file with a waiver that allows you to move forward without your spouse’s involvement.
You’ll need to show that your marriage was legitimate, and not just for immigration benefits. Proving this can be tricky, but working with an attorney can help you build a solid case. Here are some ways to show your marriage was real:
- Financial documents: Joint bank accounts, life insurance policies, property deeds, or titles in both your names.
- Children: Birth certificates, adoption records, or school documents showing both your names as parents.
- Shared life: Photos of your wedding, vacations, and time together, along with any letters, emails, or even receipts for gifts exchanged.
- Shared home: Mortgage documents, lease agreements, or utility bills in both names.
When the time comes to remove the conditions on your green card, it’s important to start the process within 90 days of your card’s expiration. With the help of an attorney, you can successfully petition even without your spouse’s cooperation and receive a permanent green card.
Divorce After Receiving a 10-Year Green Card
Once you have a 10-year green card, things get a bit easier. Divorce typically won’t affect your green card status at this point. You’re considered a permanent resident, and you can use this green card to apply for U.S. citizenship. However, it’s worth noting that until you become a naturalized citizen, U.S. Citizenship and Immigration Services (USCIS) can review your case to make sure you didn’t marry simply to gain an immigration benefit.
Can You Get a Green Card or Remove Conditions Without Your Spouse’s Consent?
Yes, you can get a green card or remove the conditions without your spouse’s consent, but only in certain situations. If you’ve experienced battery or extreme cruelty at the hands of your spouse, you may qualify to continue the process without them. It’s important to talk to an attorney about your options in this case.
Do You Need to Talk to an Attorney About Divorce After Getting a Green Card?
If you’ve gone through a divorce after receiving your green card, or if you’re still in the process and worried about how a divorce will affect your status, it’s essential to talk to an experienced immigration attorney. At The Najla Firm, we’re here to help you navigate this complex situation and protect your future. Contact us today to set up a consultation.
