Divorce is a difficult and emotional experience, but if you’re in the United States on a marriage-based green card, it can raise additional concerns. You may be wondering how your divorce will impact your ability to stay in the U.S. or affect your path to U.S. citizenship. The answer depends on the type of green card you hold. This guide will explain how divorce can affect your green card status and future immigration process.
Types of Green Cards
When you get a green card through marriage, it could either be a permanent renewable green card (valid for 10 years) or a conditional two-year green card. Conditional green cards are issued if the couple has been married for less than two years when the green card is approved. After two years, you must apply to have the conditions removed from your green card.
Divorce and a Permanent Green Card
If you have a permanent green card, getting a divorce typically does not affect your status. When it’s time to renew your green card, you can simply file Form I-90 (Application to Replace Permanent Resident Card). There will be no questions regarding your marital status during the renewal process.
If you legally changed your name during the divorce, you can also update your green card by submitting a legal name change record when renewing your card.
Divorce and a Conditional Green Card
If you hold a conditional green card, the situation is more complex. To remove the conditions after two years, you must prove that you and your spouse are still married. A divorce during this period will create challenges when applying to remove the conditions on your green card.
However, there is a waiver option when filing Form I-751 to remove conditions. You’ll need to prove that your marriage was genuine and not just for immigration purposes. U.S. Citizenship and Immigration Services (USCIS) closely examines waivers, so you may need to provide additional evidence.
Examples of evidence to prove the legitimacy of your marriage include:
- Joint financial documents
- Proof of living together
- Children born from the marriage
- Evidence of marriage counseling
In your application, you must also provide a written explanation for the divorce. For example, if you and your spouse had irreconcilable differences, explain what those were. If the divorce was due to domestic abuse or infidelity, you should provide your divorce papers and any supporting court records.
If the divorce was your fault, it’s advisable to consult with an experienced immigration attorney for guidance.
Divorce and Conditional Green Card When the Divorce Is Not Final
If your divorce has not been finalized when you file to remove the conditions on your green card, you will need to show that divorce proceedings have started. USCIS will likely issue a notice extending your conditional residency for an additional year. Later, you will receive a Request For Evidence (RFE) asking for the final divorce decree once the divorce is completed.
Divorce and Separation Without Divorce
In rare cases, if you are separated but not divorced or your spouse refuses to divorce, you may still be able to apply for a waiver to remove conditions if you can prove “extreme hardship.” USCIS provides examples of what qualifies as extreme hardship, and you would need to present strong evidence.
Divorce During the Green Card Application Process
If you divorce during the green card application process (whether you are the applicant or sponsoring a spouse), the application will be halted. This is true whether you are applying for a marriage-based green card or sponsoring a spouse through an employer-sponsored green card process.
Additionally, USCIS is highly cautious about immigration fraud. If you pretend to be married or fail to disclose a divorce during the application process, it could be seen as fraud and severely impact your case.
Divorce and U.S. Citizenship (Naturalization)
After receiving your green card, many people aim to become U.S. citizens. Generally, you can apply for naturalization after five years of holding a green card. However, if you’re married to a U.S. citizen, you can apply after three years, provided you’ve been living with your spouse and remain married during the application process.
- If you divorce before applying for naturalization, you must wait the full five years, as a non-marriage green card holder would.
- To apply for naturalization after three years, you must prove that you have lived with your U.S. citizen spouse and submit this proof with Form N-400 (Application for Naturalization). You must also remain married until you receive U.S. citizenship, which may take several months or even years, depending on processing times.
- If you divorce before your naturalization application is approved, you can withdraw the application and reapply after five years.
Divorce can impact your marriage-based green card and future U.S. citizenship in various ways. The effect depends on whether you have a permanent or conditional green card, as well as the timing of your divorce. It’s important to understand the requirements for both removing conditions from a green card and applying for naturalization. If you are facing a divorce and have concerns about your immigration status, it’s a good idea to consult with an experienced immigration attorney to guide you through the process.
