When your fairytale marriage turns out to be a nightmare, divorce may be on your mind. However, if you have received your green card through marriage, you may worry about the impact a divorce can have on your status as a lawful permanent resident. Unfortunately, these matters can be incredibly difficult to navigate, which is why it’s in your best interest to keep reading. The following blog explores these matters in further detail and explains the importance of working with Fairfax County green card lawyers to determine the best possible outcome for your unique circumstances.
Can Getting Divorced Impact My Green Card?
First and foremost, it’s imperative to understand that as a green card holder, your divorce can be investigated by United States Citizenship and Immigration Services (USCIS) regardless of when the divorce occurs.
Generally, if you are not fully approved as a green card holder when you file, your status can be impacted by the divorce. However, if you have your two-year green card, also called your conditional green card, you’ll find that USCIS may also investigate your divorce to determine the legitimacy of your marriage and the reason behind your divorce.
If you are a ten-year green card holder, meaning you were married to your spouse for at least two years, you’ll generally be okay if you file for divorce. However, as mentioned, you may still be subject to investigations by USCIS to determine if your marriage was a ruse.
Am I Able to Remove the Conditions Without My Spouse?
When you receive your green card through marriage, you will receive a conditional, two-year green card. Once the card is set to expire, you’ll need to have your spouse file a petition on your behalf to assist you in removing the conditions on your card. However, if you file for divorce prior to then, you will be unable to do so.
As such, it is imperative to connect with an attorney to assist you through this process. They can aid you in filing a waiver to have your conditions removed without your spouse. Additionally, they can help you gather the necessary information and evidence to prove that you had fully intended to remain married to your spouse should you need to meet with USCIS to discuss your divorce and legal resident status.
Going through a divorce is a complicated and emotional matter. However, when your status as a resident of the United States is added to these matters, it can become overwhelming. As such, it is crucial to connect with an experienced immigration attorney to help guide you through this process. At Goel & Anderson, our dedicated and compassionate team will do everything possible to help you fight for the best possible outcome. Contact our team today to learn more.
