For many immigrants, obtaining a green card through marriage to a U.S. citizen or lawful permanent resident is a life-changing milestone. It provides the opportunity to live and work in the United States legally and can eventually open the path to citizenship.
However, when a marriage ends in divorce, many people worry about what will happen to their green card. Will it be revoked automatically? The answer depends on several factors, including the type of green card you hold, how long you have had it, and the circumstances of your marriage.
Conditional Green Cards and Divorce
If you obtained your green card through marriage and were married for less than two years at the time it was approved, you likely received a conditional green card. This card is valid for two years and requires you to file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before it expires. Normally, this petition is filed jointly with your spouse to prove that your marriage was genuine and not entered into solely for immigration purposes.
When divorce occurs before conditions are removed, the process becomes more complicated. You can still apply to remove conditions, but instead of filing jointly, you must request a waiver of the joint filing requirement. This means you must provide evidence that your marriage was entered into in good faith, even though it ended in divorce.
Evidence might include joint financial records, photos, affidavits from friends and family, or proof of shared life responsibilities. If U.S. Citizenship and Immigration Services (USCIS) is convinced the marriage was real, your conditional green card can be converted into a permanent one despite the divorce.
Permanent Green Cards and Divorce
If you already have a 10-year permanent green card, divorce typically does not affect your legal status. The green card is yours, and it will not be revoked simply because your marriage ends. You are still considered a lawful permanent resident and can renew your card or eventually apply for U.S. citizenship when eligible.
That said, complications can arise if the government later suspects that your original marriage was fraudulent. In rare cases, if USCIS or immigration authorities find evidence that your marriage was not genuine, they may attempt to revoke your green card. This is why it is essential that your marriage be legitimate from the beginning, regardless of how it turns out later.
Divorce and the Path to Citizenship
Divorce can also affect the timeline for applying for U.S. citizenship. Normally, a green card holder who is married to a U.S. citizen can apply for naturalization after three years of permanent residency. However, this benefit is only available if you are still married and living with your U.S. citizen spouse at the time of application. If you divorce before applying, you will need to wait the standard five years as a permanent resident before becoming eligible for citizenship.
Potential Challenges After Divorce
While divorce does not always result in losing your green card, it can still create challenges:
Scrutiny from USCIS: When applying to remove conditions or later for citizenship, USCIS may examine your marriage history closely. You must be prepared to provide strong evidence that your marriage was entered into in good faith.
Financial Support Issues: Divorce can also affect financial obligations. If your spouse signed an Affidavit of Support (Form I-864), they may still be financially responsible for you until you become a citizen or have worked 40 qualifying quarters, regardless of the divorce.
Emotional and Legal Stress: Immigration processes are stressful enough, and divorce adds another layer of complexity. Many immigrants in this situation seek the help of immigration lawyers to guide them through the process.
How to Protect Your Status
If you are going through a divorce and have a marriage-based green card, there are steps you can take to protect your immigration status:
Keep Documentation: Save records that show your marriage was real, including joint bank accounts, leases, utility bills, photos, and communication records.
File on Time: If you have a conditional green card, make sure to file Form I-751 before your card expires, even if you are divorced.
Seek Legal Help: Consulting with an immigration attorney can help you understand your options and avoid mistakes that could jeopardize your status.
Stay Informed: Immigration laws are complex and can change. Keeping yourself updated helps ensure you make the right decisions.
Divorce does not automatically mean that your green card will be revoked. If you have a permanent green card, divorce generally has no effect on your status. If you have a conditional green card, divorce makes the process more challenging, but you can still remove conditions by proving your marriage was genuine.
While divorce may delay your path to citizenship and increase scrutiny of your case, it does not erase the progress you have already made. By staying informed, gathering evidence, and seeking professional advice, you can navigate the process successfully and continue building your future in the United States.
