Having undergone a complex process to marry a partner from another country, you may not have expected the difficulties that can come with marriage. Many foreign nationals receive green cards based on their marriage to a United States citizen or a lawful permanent resident. Unfortunately, despite entering a valid marriage, there may be insurmountable challenges. As such, you may be facing the end of your marriage. It’s essential to be aware that divorcing the sponsor who applied for your green card benefit can impact your immigration status. If you are getting divorced and worried about losing your green card, it’s crucial to understand what you can do about your situation and how a trusted Middlesex County, New Jersey, Green Card Lawyer can help you navigate this challenging time.
Will I Lose My Green Card if I Get Divorced?
Understandably, many worry about how the dissolution of their marriage will change their immigration status. Firstly, a green card grants foreign nationals permission to reside and work in the United States. When you have a marriage-based green card and divorce your sponsoring spouse, your immigration status may be modified to reflect your current circumstances. This is particularly true if your divorce occurs before you are approved for a green card or after you receive a green card before you remove the conditions on it.
If you and your spouse get a divorce after applying for a green card on your behalf but before U.S. Citizenship and Immigration Services (USCIS) approves your petition, you cannot obtain a green card. You only qualify for the green card based on your marriage to your spouse if you are a U.S. citizen or lawful permanent resident. Since the relationship has been dissolved, you no longer meet the qualifications to obtain a green card through this legal process.
It’s important to note that even if USCIS has approved your petition but your green card has not yet been issued, you are not allowed to remain in the U.S. To stay in the country, USCIS must issue you a green card to ensure your immigration status is legally valid. Nevertheless, when USCIS issues a green card to an individual who has been married for less than two years, that green card comes with conditions. Essentially, the condition is that you must remain married to the same spouse who sponsored you for your green card. If you divorce before the two years have passed, your immigration status will likely be impacted.
Can I Remove Conditions Without My Spouse?
If you wish to remain in the U.S. with a conditional green card, you must file Form I-751 and complete it with a waiver that will use you from the joint filing. You and your spouse must complete the requirements to remove the conditions of your two-year green card. This will allow you to file a petition without your spouse’s cooperation. You must demonstrate to USCIS that you rented a bona fide marriage and intended to remain married to the same individual who sponsored you for your green card. This can be difficult to prove, which is why it’s in your best interest to enlist the help of an experienced immigration lawyer.
At the Law Offices of Aditya Surti, LLC, we are prepared to help you take the necessary steps to protect your immigration status. Contact our firm today to learn more.
