Divorce combined with immigration is overwhelming, especially if your green card depends on marriage to a U.S. citizen or permanent resident. You likely wonder: “Will divorce ruin my green card chances?” Here’s the deal: Divorce doesn’t automatically kill your immigration dream, but it seriously changes the game. Whether you are applying or already have a conditional green card, ending the marriage creates big complications. Your future in the U.S. hinges on where you are in the process and if your marriage was the real deal. Givent hat so much is at stake, you need to contact an experienced Middlesex County, New Jersey Green Card Lawyer as soon as possible. Don’t try to handle this alone.
Why Does Divorce Complicate Marriage-Based Green Cards?
An application for a green card based on marriage is entirely predicated upon the bona fides of the spousal relationship. U.S. Citizenship and Immigration Services (USCIS) requires assurance that the marriage was entered into in good faith and not solely for the purpose of obtaining immigration status.
Divorce during or soon after obtaining status prompts USCIS to question the marriage’s authenticity (was it real, intended, or a sham?). While divorce doesn’t automatically mean denial, USCIS will demand additional proof that the spousal relationship was genuine.
The continued eligibility for or retention of a green card following a divorce is largely contingent upon the following circumstances:
- Is the applicant awaiting a determination on a marriage-based I-130/I-485 petition?
- Does the applicant currently possess a two-year conditional green card?
- Does the applicant currently possess a 10-year green card?
Each distinct phase is governed by separate regulations, necessitating different strategies or potential waivers. Identifying one’s current immigration status is the prerequisite to discerning available options.
Can I Still Get a Green Card If I Divorce My Spouse During the Application Process?
If a divorce occurs during the application process, you generally cannot obtain a marriage-based green card. This is because a valid marriage is the fundamental requirement for the petition, and the divorce legally terminates the foundation of the applicaiton, thereby halting the procedure.
Nevertheless, there are exceptions where you may be able to file independently. This may be the case if the union was entered into genuinely and the applicant subsequently experiences abuse (under VAWA) or severe mistreatment. Alternatively, to remove the conditions on their own, they can demonstrate that the marriage was entered into in good faith, which requires obtaining a waiver.
For greater clarity on your situation, we encourage you to consult with a skilled New Jersey immigration attorney. Contact our legal team at the Law Offices of Aditya Surti, LLC, today to discuss your case.