You may have sacrificed a lot to leave your home country to move to the United States with your citizen spouse. So this is why it is nothing short of devastating when your marriage and life in the U.S. are not at all what you desired or envisioned, and you make the heartbreaking decision to part ways. Even worse is having to think about all the hard work you put into the immigration process, just for it not to pan out accordingly. However, there may still be hope for you to keep your green card and continue your stay in the U.S. So please follow along to find out whether you can get divorced from your United States citizen spouse after receiving your green card and how one of the proficient green card lawyers at Lupton Law LLC can help secure your spot in the country.
Can my United States citizen spouse and I get divorced after I get a green card?
Well, first off, after marrying your United States citizen spouse within 90 days of arriving in the country, you may apply for lawful permanent resident status (i.e., get a green card). Specifically, you may apply for a conditional green card less than two years into your marriage. The conditional green card may only last for two years, and then you may petition to remove its conditions and get a permanent green card. The permanent green card may last for 10 years. Or, you may apply for naturalization to become a United States citizen (i.e., Form N-400) in as little as three years into your marriage.
This was a long-winded way of saying that getting a divorce from your United States citizen spouse may not be a problem if you currently hold a permanent green card. However, this may be a completely different story if you still carry a conditional green card.
How can I prove my marriage was legitimate to keep my green card?
Specifically, upon renewing your permanent green card, you may not be asked any questions concerning your marital status or anything else that concerns your marriage to a United States citizen.
But the same may not be said when petitioning for a permanent green card after the expiration of your conditional one. This is because the United States Citizenship and Immigration Services (USCIS) may require you to prove you are still married to qualify for a permanent one. So if you are not still married after two short years, the USCIS may grow concerned over whether your marriage was legitimate in the first place.
In an attempt to rectify this, you may request a waiver of the joint filing requirement for a permanent green card (i.e., Form I-751). Then, you may want to supplement this request with evidence of your marriage being in good faith. This may entail joint financial statements, records of attending marriage counseling, records of living together in the same residence, etc.
You do not want anything to possibly go wrong in this very delicate situation. This is why we strongly encourage you to have one of our talented green card lawyers represent you during this time. Please contact Lupton Law LLC today.
