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Adjustment of Status after K1

Adjustment of Status after K-1 Visa: Overview

“Adjustment of status after K1 visa” is the very next step in the immigration process, after you and your fiancé are married. Although it is a relatively straightforward process, it does not happen automatically. Accordingly, you must file form I-485 Application to Adjust Status, with the relevant evidence and government filing fees.

Most people can find this form online, fill it in and mail it to United States Citizenship and Immigration Services (“USCIS”). However, if the case were that easy, there would be no need for immigration attorneys. Cases are won or lost based on evidence. You must prove that your marriage to your U.S. citizen spouse is bona fide, to overcome USCIS’ concerns about marriage fraud. An experienced immigration attorney knows how to properly prepare and present your case for the best chance of success.

The adjustment of status form is currently 24 pages long. In short, it seeks answers to questions about you, the foreign-born spouse. The first few pages of this form asks for basic information about you, such as your full name, height and weight, date of birth. Additionally. you must provide information about your entries to the United States, address history, your children and your employment history. Certainly, this is information that most people already know or can find out quickly without much assistance. However, the middle and latter parts of the form are more complicated, depending on your background and life history.

Adjustment of Status after K1: Inadmissibility Issues

Even though you received a K1 visa, this does not mean that you will get a green card. You still need to prove that you are admissible. Generally, some examples of issues that may prevent you from adjusting your status are health issues, illegal U.S. entries, criminal history or your intentions to engage in unlawful activity. Additionally, if you rely on the U.S. government for public assistance such as food stamps and welfare benefits, your adjustment of status application may be denied. Also, if you plan to practice polygamy, then you will not be able to get approval for adjustment of status after K1.

Adjustment of Status After K1: Medical Examination

U.S. immigration law requires a medical examination as part of your adjustment of status application. Further, you may have taken this examination in your home country. You do not need to repeat it, if you file your I-485 application, within one year of your arrival to the U.S.

What Happens During the Medical Examination?

As part of the medical examination, a qualified immigration doctor will check if your immunizations are up to date. Bring your immunization record from your home country to the appointment to help reduce vaccination fees by avoiding unnecessary repeat injections.

The doctor will test for conditions like tuberculosis, syphilis, gonorrhea, leprosy, and physical or mental disorders. The doctor will also document any issues with drug or alcohol abuse, and the immigration officer will consider this information when reviewing your case for approval or denial.

In essence, if you have any of the diseases or other inadmissibility issues mentioned before, in some cases, all is not lost. All things considered, you may qualify for an I-601 waiver to forgive you for problems with your application.

Can I Work While My Adjustment of Status after K1 is Pending?

This is probably the number one question that adjustment of status applicants ask as they go through the U.S. immigration process. Fortunately, you are eligible for a work permit and travel document when you file an adjustment of status application. You may apply for your work permit with the adjustment of status application or you can do it later. It will take about six to nine months for the government to fully process your work permit application.

How to Prove that Your Marriage is Real?

In particular, carefully document that you and your spouse were married in good faith and the marriage was not entered into for immigration purposes. Firstly, you and your spouse must have intended to establish a life together when you got married. Secondly, you must provide sufficient evidence to show that your marriage is real. You may prove this by having a joint lease, if you are renting an apartment, or a copy of the deed if you are a homeowner.

Additionally, joint bank accounts and utility bills are strong evidence of a bona fide marriage. Similarly, pictures of the two of you together at family events are also good evidence of a real marriage. Sometimes, it is hard to get your spouse added to the electric, water or cable bill because he/she does not have a social security number. Regardless, add your spouse to whatever bills you can. Simultaneously, life insurance and health insurance are also forms of evidence that can be used to strengthen your case.

Adjustment of Status after K1: Results

Do I Need an Immigration Attorney?

Immigration law seems deceptively simple because the forms are available online with instructions. Thus, many people believe that they can read the instructions, fill in the forms and voilà, the case is approved. I have been practicing immigration law since 2015, and I’ve been through hundreds of cases and it is never that simple.

When you apply for adjustment of status after K1, this is a legal undertaking. Moreover, the immigration officer will be reviewing your application to determine whether to approve or deny your case. Evidently, the government is not going to teach you how to properly file your application. Consequently, if you made mistakes, they will not correct it. They will simply deny your case and move on to the next one.

My name is Cheryl Fletcher and I am an experienced immigration attorney. I practice regularly before USCIS and I have won hundreds of green cards for K1 adjustment of status clients. I am not the cheapest lawyer in town. My fees are reasonable and are based on my years of practice and the results that I can get for my clients. If you would like a personal evaluation of your case, please feel free to book a consultation with me. I will take the time, to explain your rights, and help you understand the best strategy to help you achieve your green card.

Fiancé Visa Requirements for the Application

Fiancé Visa Requirements for the Application: Overview

“Fiancé visa requirements for the application” is likely not your first thought when deciding to date a foreign national. However, as the relationship blossoms into an engagement,  you will need to know the documentary requirements to sponsor your  fiancé for a K-1 visa. The good news is that you already have some of these documents or can get them on short notice.

How to Get a Green Card for Your Fiancé?

It is important to note that only U.S. citizens can petition for foreign brides or grooms. If you’re a lawful permanent resident, you can still bring your loved one to the U.S., but you must first marry and file an immigrant petition for your spouse, rather than your fiancé.

The fiancé visa process has three stages, each requiring a different set of documents. In stage one, the U.S. citizen petitioner files an I-129F petition with USCIS. USCIS takes about 6-8 months to make a decision on this petition. If approved, the case moves to the National Visa Center (NVC), which then routes the file to the appropriate U.S. embassy for stage two. In stage two, the foreign-born fiancé files a DS-160 application for a K-1 fiancé visa. Once the visa application is approved, the foreign-born fiancé can enter the U.S. to marry their U.S. citizen fiancé. After the marriage, the foreign-born fiancé proceeds to stage three by filing an I-485 application with USCIS to adjust their status.

Fiance Visa Petition: Stage 1

When filing an I-129F Petition for Alien Fiancé, you are informing USCIS that you’re in a serious relationship with a foreign national. You must prove that you’re eligible to file the petition. The fee and documents that you must submit include:

  • A $675 filing fee
  • One (1) passport-style photograph of yourself
  • Proof of U.S. citizenship
  • Proof of termination of previous marriages (if applicable)
  • Evidence of legal name change (if applicable)
  • Signed International Marriage Broker Consent Form (if applicable)
  • Certified copies of arrest and conviction records (if applicable)
  • Letter of intent to marry
  • Evidence of and in-person meeting during the 2 years immediately before filing OR evidence to support an exemption of this requirement
  • Evidence supporting a multiple filer waiver request (if applicable)
  • Evidence supporting a criminal offense waiver (if applicable)
  • Evidence of the relationship

K-1 Fiancé Visa Application: Stage 2

In stage two of the process, your fiancé must apply for a K-1 visa, using form DS-160. Documentary requirements include:

  • Proof of payment of a $265 visa application fee
  • Two (2) passport-style photographs
  • A passport with at least six months validity
  • A copy of his/her birth certificate
  • Divorce decrees of the couple (where applicable)
  • Police certificates
  • Medical examination
  • Evidence of financial support
  • Evidence of the relationship
  • Criminal records for the K-1 beneficiary

If all goes well at the interview, your betrothed will receive a fiancé visa, which is valid for a single entry into the United States. The visa is valid for no more than 6 months.

Adjustment of Status After Marriage: Stage 3

After your fiancé enters the US and the marriage occurs, the next step is to file a green card application, using form I-485. You will need to prove the that the marriage is bona fide and provide evidence of financial support. You must submit fees and evidence  including:

  • $1440 Adjustment of Status Application Fee
  • $260 Employment Authorization Document Application Fee
  • Evidence of a bona fide relationship such as a joint lease, bank statements and affidavits
  • Evidence of financial support, including your most recent tax return

Should You Hire an Immigration Attorney?

After reading this article, you should have a basic understanding of what documents you will need for the fiancé visa process.

However, the government is not responsible for checking your documents and ensuring that you have done a good job throughout the process. That is the role of a qualified attorney.

My name is Cheryl Fletcher and I have been an immigration attorney since 2015. have helped hundreds of U.S. citizens bring foreign brides and grooms to the U.S. I charge a reasonable fee for my services and have flexible payment arrangements,

I would be honored to guide you through the process and answer all your questions. To get in touch with me, click the orange button, for your well-deserving 30-minutes session.

K1 Visa Cost- What to Expect?

K1 visa cost is an important factor to consider, as your relationship blossoms into an engagement. Knowing the fees and their due dates can help you plan more effectively. The fiancé visa immigration process consists of several stages, with immigration fees being paid at each specific stage of the case.

K1 Visa Cost

K1 Visa Cost: Stage One of the Immigration Process

Petition for Alien Fiancé

The first step is to file an I-129F Petition for Alien Fiancé with United States Citizenship and Immigration Services (“USCIS”). The point of the I-129F petition is to let USCIS know of your intentions to marry your foreign-born fiancé.

Before you file the I-129F form, check your eligibility. You and your fiancé should meet in person, no more than 2 years before you file the petition. If it would be extremely difficult for you to meet your fiancé you may qualify for a waiver. Similarly, if the meeting is offensive to your fiancés cultural practices, you should request a waiver. You will usually incur costs for airfare, hotel or Air BnB accommodations, meals and entertainment, and other travel-related expenses, for the in-person meeting. Although these expenses are incidental to your marriage plans, it is a part of the K1 visa cost that you cannot ignore.

I-129f Petition Fee and Attorney’s Fees

The I-129f petition filing fee is $675. This is what the U.S. government charges you to consider your case and to make a decision.

You are not required to hire an attorney to help you with the case, however, a qualified immigration attorney can improve your chances of success. The road to getting a K1 visa is filled with challenges and uncertainity. Even though there are instructions online to help guide you through the process, there is no “question and answer session” with USCIS to help you figure out what exactly you need to do. If you make a mistake, USCIS can keep your filing fee and you would have wasted many months waiting for a denial on a deficient application. Things can get even worse because your fiancé may get upset with you and call off the engagement, due to your mistake.

The right attorney can make the process as seamless as possible. You can feel confident that your application is properly filed when you utilize the services of an experienced immigration attorney. Attorney’s fees for this first stage range from $1,500 to $3,000. Once you pay your attorney and the government, it will be months before you have any further K-1 visa costs. You should expect to wait 6-8 months for a decision on the I-129f petition. You will have plenty of time to save for stage two of the K-1 visa process.

K1 Visa Cost: Stage Two of the Immigration Process

If the I-129f petition is approved, it will be valid for four months. Also, the U.S. embassy or consulate may revalidate an expired approved petition. USCIS will then send the file to the National Visa Center (NVC), in New Hampshire. It takes about four to six weeks after USCIS approves the I-129 petition for the case to move to the NVC. The NVC will assign a case number to your fiancés file and route it to the appropriate U.S. embassy or consulate. It will take a few weeks for the file to get to the right U.S. embassy or consulate.

Visa Application Fee and Attorney’s Fees

DS-160 Visa Application Form

The next step is for your fiancé to apply for the actual K1 visa. This process starts with an online DS-160 Nonimmigrant Visa Application form. The form requests information about his or her biography, travel, family, education and training, U.S. visa application history, social media accounts, health history, criminal history, finances, and contact details. There is no filing fee for form DS-160 but there is a K1 visa fee of $265, which must be paid before your fiancé can schedule a visa interview appointment. There are many options to pay the fee. This will depend on the designated U.S. embassy or consulate’s procedures. Options may include cash payment at a pre-approved bank in the foreign country or online processing.

If you are using the services of an immigration attorney to assist you with this part of the process, you should expect to pay between $1,500 and $3,000.

 K1 Visa Cost: Other Indirect Fees

K1 visa cost is not limited to government fees and attorney’s fees. Your fiancé will be required to undergo a medical examination. In addition he or she must obtain and submit police certificates from all countries where he or she has lived, for at least six months, from the age of 16. Furthermore, he or she must also submit police certificates from any country where he or she has been arrested, for any reason, regardless of how long he or she has lived there. There are costs associated with obtaining these documents.

Interview

Once the embassy or consulate receives the file from the NVC, about 2 weeks later, your fiancé will receive a letter with instructions on scheduling the medical examination and interview. After your fiancé has completed the medical examination and has all the required documents, he or she should schedule an interview. Your fiancé may be able to chose the date that he or she would like to attend. It is not necessary for you to go. The K1 visa cost will increase if you decide to make international travel plans. After the interview, if your fiancé is successful, he or she should receive the K1 visa within a few weeks.

The K-1 visa is valid for a maximum of 6 months. You and your fiancé will need to make travel plans for his or her arrival to the U.S.

How to Choose the Right K1 Fiancé Visa Attorney?

After reading this article, you should have a better understanding of K1 visa cost and the immigration process. My name is Cheryl Fletcher and I have been an immigration attorney, since 2015. I regularly help U.S. citizens bring foreign brides and grooms to the U.S.

It can be confusing when you try to decide which attorney is best for you. You may look at a few websites or read something on the internet. You may even see several billboards on your way to work. All of that is marketing and none of it helps you answer the important question, “can I trust this attorney to help me with my immigration case?” My clients tell me that they picked me from many choices because of my experience, track record, Google reviews, recommendations from friends and family and transparent pricing. These are all good reasons. However, each time a client chooses me to spearhead their immigration journey, what I cherish the most is that I have answered that big question loudly.

I am passionate about immigration law and care deeply about my clients. I would like the opportunity to work with you. If you would like to get in touch with me, please click the orange button above, call us at: 561-507-5772 or fill in the contact form on the website: http://www. lawyerfletcher.com and we will call you right away.

Fiance visa cost

VAWA Abused Spouse Green Card: Requirements

VAWA Abused Spouse Green Card Requirements: Overview

“VAWA abused spouse green card requirements” is the starting point in your research to find out whether you are eligible for a VAWA green card. To qualify for a VAWA abused spouse green card, you need to meet 5 basic eligibility criteria. Some of the qualifying criteria is harder to meet than others, so you must be very careful to present a convincing case to USCIS.

VAWA Green Card Qualification Checklist

1. Qualifying Relationship: You must be married to a U.S. citizen or lawful permanent resident. If you are divorced, you are still eligible if your divorce is no more than 2 years old when you apply for VAWA.

2. Evidence of Abuse: You must have been abused, whether physically or emotionally, by your spouse.

3. Bona Fide Marriage: You must have intended to establish a life with your spouse.

4. Joint Residence: You must have resided with your abusive spouse.

5. Good Moral Character: You must be a person of good moral character. This means you are no worse than the average citizen.

VAWA abused spouse green card requirements. VAWA attorney- Cheryl Fletcher

Attorney, Cheryl Fletcher

We regularly win VAWA cases, even with only emotional abuse.

VAWA Abused Spouse Green Card Requirements: FAQs

What if I Entered the US Illegally, Can I Still Qualify for VAWA?2025-02-02T12:28:51-06:00

Yes. An illegal entry won’t disqualify you for VAWA. Additionally, if you had only one illegal entry you may be able to adjust your status in the USA without leaving to attend the interview in your home country.

How Long Does it Take to Get a Green Card With VAWA?2025-02-02T12:23:46-06:00

It takes about 2-3 years for USCIS to make a decision on your I-360 VAWA self-petition and an additional  15 months to process your I-485 adjustment of status application.  In some cases, you may be able to work and travel while your VAWA application is pending.

Is There an Interview for a VAWA Green Card?2025-02-02T12:17:26-06:00

Most VAWA cases are decided without an interview. However, USCIS has the right to interview you about your VAWA petition.

What Abuse Qualifies for VAWA?2025-02-02T12:14:17-06:00

Emotional and or physical abuse is valid for VAWA purposes. To prove abuse, you may use your own statement, medical reports, text messages, emails, video and voice recordings, (if obtained legally), photographs, police reports and third-party witness affidavits. Additionally, may need to consult with a licensed mental health professional for treatment.

Can You Remarry While VAWA is Pending?2025-02-02T11:16:05-06:00

No. You should not remarry while VAWA is pending because you will no longer be eligible for VAWA. You can remarry after USCIS has made a decision on your I-360 VAWA petition.

Will My Spouse Find Out About My VAWA Case?2025-02-02T11:11:37-06:00

No. Your spouse should not find out about your VAWA (Violence Against Women Act) case because it is confidential. You should use a safe mailing address such as an attorney’s office, to prevent any mail going to address, if you still live with your abusive spouse.

Does USCIS Investigate VAWA?2025-02-02T11:07:56-06:00

Yes. USCIS will review your VAWA application and the evidence that you submitted with it to determine if your marriage was bona fide. USCIS may even interview you and conduct its own independent investigation for marriage fraud.

Can a Common Law Marriage Qualify for VAWA?2025-02-02T12:00:08-06:00

Yes. If the state or country in question, recognizes common law marriages,  it would be valid for immigration purposes.

How We Can Help You Win Your VAWA Case?

Since 2015, we’ve helped hundreds of VAWA victims win their cases. Sometimes they call us in complete despair with little hope of a future in America. We do not use a cookie-cutter approach when preparing these cases.  Each case is different and deserves personalized attention. We tell the human story to USCIS. Our VAWA files are usually about 200 pages thick at the time that we file. This is what it takes to prepare a solid VAWA application.

affordable flat fees*

You can get started with as little as $2,500 down and we offer flexible a monthly payment arrangement for the remaining balance.

Experienced attorney

We’ve been practicing for nearly 10 years and have helped hundreds of clients just like you.

HIGH APPROVAL RATE

Over 90% of our I-360 VAWA Petitions for an Abused Spouse Green Card have been approved.

What Our Clients Say

“I want to extend my deepest gratitude to my lawyer, Mrs. Fletcher, for her unwavering support and dedication throughout the process of obtaining my green card and my mother’s citizenship.”

Caleer Cam

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“Miss Cheryl Fletcher law office is a great and dedicated service that help our company visa beneficiary with his immigration documents and application process.”

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“Miss fletcher law office is a dedicated service that help me and my daughter with our immigration paper. She go above and beyond to make sure everything work in our favor.

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How Long After I get My Green Card can I Divorce My Spouse?

How Long After I get My Green Card can I Divorce? Overview

“How long after I get my green card can I divorce?” Many immigrants in bad marriages think about this question. The answer depends largely on the type of green card that you have. There are two types of green cards: 1) a ten-year green card; and 2) a two-year conditional green card.

The type of green card that you have is written on the green card itself. The green card shows a “resident since” date and “expiration date.” A 10-year difference means a regular card; 2 years means a conditional card.

Divorce After Getting a 10-year Green Card: What are the Consequences?

If you have a 10-year green card, a divorce should have very little effect on your immigration status. You are not going to automatically lose your green card because of a divorce. However, in some circumstances, if the divorce occurs shortly after your case is approved, USCIS may suspect that your marriage was fraudulent. Marriage fraud is illegal and if USCIS can prove that your marriage was fake, the government could start a deportation case against you.

USCIS is not generally keeping track of all the marriages that end in a divorce, after a 10- year green card is issued. USCIS usually finds out that your marriage ended in a divorce, when you apply for U.S. citizenship or naturalization. On the N-400 application you must disclose the number of marriages, dates of all marriages, and divorces. Additionally, you must bring certified copies of all divorce decrees to the citizenship interview with you.

If an officer sees multiple marriages with each spouse petitioning for you, he or she may suspect that you married for a green card. Solid documentation as to why the marriage ended in a divorce can quell doubts. Marriages usually breakdown because of abuse, incarceration, incompatibility, cheating and financial difficulty. Despite this fact, many of those marriages were real. Many people get divorced after obtaining a ten-year green card, which is reflected in the high divorce rate in the United States. However, some immigrant divorcees have successfully obtained U.S. citizenship.

Divorce After Getting a Two-Year Conditional Green Card: What Should You Know?

If the case is approved before the second wedding anniversary, a married immigrant receives a two-year conditional green card. Within 90 days before the conditional green card expires, you must apply to remove the conditions on your green card or risk losing conditional permanent residence status.This is done by filing form I-751, Petition to Remove Conditions. If you are still married, you and your spouse should sign and file the form together. This is called “filing jointly.”

If your marriage ended in a divorce, you will have to file the form alone by obtaining a “waiver” of the joint filing requirement. You should not file the bare form. Submit the form with evidence showing you and your spouse intended to build a life together when marrying. From the time you got married, you should have started saving documents related to your marriage. Some examples include joint bank statements, credit card bills, electric bills and lease agreements. Additionally, photographs showing your life together can help you prove that your marriage was real.

You will not automatically lose your conditional green card because of a divorce. However, if you did not properly document your marriage, the immigration officer will question whether your marriage was real . You will have a hard time proving your case without solid evidence. Additionally, you could end up with a marriage fraud bar if your case is weak. This bar means that your case is denied and no spouse, children or parent can petition for you in the future.

Should I Hire a Green Card Divorce Lawyer?

A good immigration and divorce lawyer can help you foresee problems with your case before it occurs. Many cases are won because the green card holder got a lawyer who prepared the case well and set it up for success.

My name is Cheryl Fletcher and I have been an immigration and divorce attorney, since 2015. I have helped hundreds of green card holders through the divorce process. I regularly take on and win green card divorce cases. When deciding if you should hire a lawyer, you will have to look at your finances to see if this is possible. We charge a reasonable fee for our services. More importantly, you should make the decision based on whether you can afford to make a mistake with your case and risk being deported.

If you would like to speak with me about your case, I’m available for 30-minutes to listen, explain your rights and provide you with the best legal strategy to help you achieve your goals. Take the first step to getting legal help, by clicking the orange button below.

Cheryl Fletcher Green Card Divorce Lawyer

Sources:

Fletcher Law Blog, Divorce after permanent green card issued: How does this affect immigration status?, Accessed January 22, 2025.

U.S. Citizenship and Immigration Services, “After a Green Card is Granted” Accessed January 22, 2025.

U.S. Citizenship and Immigration Services, “Conditional Permanent Residence” Accessed January 22, 2025.

Divorce After Conditional Green Card- What Happens Next?

Divorce After Conditional Green Card: Overview

Divorce after conditional green card is not an uncommon situation. Many people mistakenly believe that you will automatically lose your green card and be deported, after a divorce. This is not true. A conditional green card is a two-year green card that a U.S. citizen or lawful permanent resident spouse receives, if the marriage is less than two years on the date that the application is approved. Although many marriages end before it is time to file an I-751 Petition to Remove Conditions, your immigration case is not over.

Within ninety (90) days before your two-year green card expires, you and your spouse are legally required to file a joint petition to remove conditions on your residence. For some couples, this is not an issue because they are still together and are enjoying married life. Both are able to sign and file the petition with supporting evidence. Other immigrants may not be so fortunate and may be alone when the time comes to remove the conditions.

It is Possible to Get a Divorce Waiver?

If your marriage is headed for a divorce or it has already ended, you will need to apply for a divorce waiver. This means that you will be submitting the I-751 Petition with only your signature. A divorce waiver is not a separate application. It is a part of the I-751 form. Your waiver claim means that you are filing your petition alone because of a divorce after conditional green card. You will need to prove that you entered the marriage into a good faith and intended to carry on a joint life with your spouse. Additionally, you will need evidence to show that you did not get married to circumvent immigration laws.

If the divorce is not final when the I-751 petition is due, you should include a copy of the filed divorce petition with your application. USCIS usually will issue a request for evidence, giving you eighty-seven days to produce the final divorce decree. You will need to finalize your divorce quickly. This is where a divorce attorney can help you. Getting a fast divorce is a complicated matter. You could jeopardize your immigration case if you are unfamiliar with divorce court. In some cases, an experienced divorce attorney can finalize your divorce in as little as twenty (20) days.

Abuse Waiver for Conditional Residents

Unfortunately, many conditional residents are abused during their short marriage. This can be physical or emotional abuse. You are eligible for an abuse waiver if your spouse was cruel to you. Threatening to get you deported and deciding who you can talk to are common examples of “extreme cruelty.” Additionally, controlling money or food, invading your privacy and taking away your means of transportation are other types of cruelty. You can apply for an abuse waiver whether you are still married, separated or divorced. Furthermore, you can apply for both a divorce waiver and the abuse waiver if your case meets both requirements.

 Apply for a Hardship Waiver if it Would be Difficult for you to Live Outside the US

A “hardship waiver” is a third type of waiver available to you, if you are filing to remove the conditions on your two-year green card without your spouse. When you apply for an hardship waiver, you are telling USCIS that it would be very difficult for you if you were sent back to your home country.

Some examples of extreme hardship include, living in the United States for a long period of time or not speaking the language of your native country. Additionally, having custody of your United States citizen children or facing medical issues for which you could not obtain proper treatment in your home country are examples of “hardship.” You could also argue that you would face financial difficulties or persecution, if you have evidence to support these claims. It is difficult to obtain an hardship waiver but an experienced immigration attorney can improve your chances. Divorce after conditional green card can make you uncertain about your future but with the right legal help, you can save your immigration case and get approved for a 10-year green card.

Improve Your Chances of Winning Your Case

My name is Cheryl Fletcher and I am a U.S. immigration attorney, practicing in all 50 states. Additionally, I am a Florida divorce attorney. I have won hundreds of green card divorce cases. If you would like to get in touch with me, please call 561-507-5772 or click the orange button below to speak with me for 30-minutes. I will take the time to answer all your questions and create the best legal strategy to help you win your case.

Sources:

Fletcher Law Blog, “How Long After I Get My Green Card Can I Divorce? Accessed January 22, 2025.

U.S. Citizenship and Immigration Services, ”Conditional Permanent Residence,” Accessed January 22, 2025.

U.S. Citizenship and Immigration Services, ”Remove Conditions on Permanent Residence Based on Marriage,” Accessed January 22, 2025.

Divorce after conditional green card

Divorce After Permanent Green Card Issued – Immigration Effect?

Divorce After Permanent Green Card Issued: Overview

“Divorce after permanent green card issued” is a thought that may keep you up late at night. You may be contemplating the effect that a divorce may have on your immigration status. It is very common in America for a marriage to end in a divorce. The entire divorce process comes with great uncertainty and it is especially important for you to know your legal rights when this unfortunate situation happens. An experienced immigration attorney that charges a reasonable fee is your best bet, in these circumstances.

Divorce Consequences for Ten-Year Green Card Holders

U.S. Citizenship Eligibility After a Divorce

A divorce won’t affect your permanent resident status as long as you didn’t commit marriage fraud. If you’re divorced, you may need to wait a few more years to apply for U.S. citizenship than if you were married and living with your spouse. As a married lawful permanent resident, you can apply for citizenship three years after receiving permanent residence. As a divorcee, you must wait five years. Some exceptions apply, such as for VAWA divorcees, who can apply in three years.

If you’re applying for naturalization, you must notify USCIS about your divorce. However, if you want to keep your green card, the I-90 renewal form doesn’t ask about your marital status. There’s no need to panic if you’re divorced and want to become a U.S. citizen. Your ex-spouse doesn’t need to sign the N-400 form or attend your interview. If USCIS approves your application, you can become a U.S. citizen, even after a divorce, after permanent green card issued.

Divorce Consequences for 2-Year Green Card Holders

Removing Conditions from a Two-Year Green Card Without Your Spouse

The immigration consequences of a divorce are more complicated for two-year green card holders than for ten-year holders. A two-year green card, also called a conditional residence card, cannot be renewed. You must apply to USCIS to remove the conditions within 90 days before the card expires. There’s one exception: if your divorce is finalized after you were granted conditional residence, you can file your I-751 petition before the 90-day window.

When it’s time to file the I-751, both you and your spouse must sign and submit the application if you’re still married. If your spouse isn’t cooperating, an experienced immigration attorney can help you explore legal strategies to resolve your case. If you’re no longer married, check the box on the application to apply for a divorce waiver. You won’t need your spouse’s signature if you’re applying for the waiver.

Divorce After Permanent Green Card Issued

Immigration and Divorce Attorney, Cheryl Fletcher.  Flat Fees– No surprises.

Five Waivers Are Available for You to File Your I-751 Petition Without Your Spouse

According to U.S. immigration law, there are five different circumstances in which you can file the I-751 form without your spouse:
1. You entered the marriage in good faith, but your spouse subsequently died.
2. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse.
3. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent.
4. The termination of your status and removal from the United States would result in extreme hardship.
5. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment.

The last situation is most pertinent to this article. If you are divorced at the time that you are filing the I-751 petition, you must prove that you and your spouse entered into a good faith marriage and did not do so to evade immigration laws.

What Happens if You Do Not File Your I-751 Petition to Remove Conditions?

If you do not file the I-751, you will automatically lose your conditional permanent resident status. Additionally, the U.S. government can deport you. This is a mistake you do not want to make. It is best to file your application on time.

If the deadline has passed, you may still be able to file late and explain the delay to USCIS. On a late application, you must prove that the delay was not your fault and provide a written explanation asking USCIS to excuse the late filing. You must show that the delay was due to extraordinary circumstances beyond your control and that the delay was reasonable.

It’s important to note that for a divorce waiver, you must be single when USCIS decides on your I-751 petition. Legal separation counts as married for USCIS. If you’re filing without your spouse, you may need a quick divorce to avoid harming your immigration case. An attorney who specializes in both immigration and family law can help you finalize your divorce without delay.

Divorce Process and Requirements for Green Card Holders

Getting a divorce after receiving your permanent green card may not be ideal, but you can navigate this chapter successfully. Most U.S. states require a residency period to file for divorce. In Florida, it’s six months, but other states may differ. Most states also allow “no-fault divorce,” meaning you don’t have to prove who caused the marriage to fail. You only need to state that the marriage is broken and that it cannot be fixed by court, therapy, or counseling.

Check your state’s laws to understand what is required for your divorce. If you have minor children or property, the divorce may take longer. You will need to negotiate custody and property agreements. If the divorce is amicable, you might finalize the agreement in weeks. If it’s adversarial, the case may go to trial and take years.

Your I-751 application may be pending for years while your divorce is also ongoing. The key point is that your divorce must be final when USCIS decides on your application.

How Can an Immigration and Divorce Attorney Help?

Practicing on your own immigration and divorce case is never a good idea. There is too much room to make many mistakes. Some of these mistakes are irreversible and could lead to deportation. A qualified immigration and divorce attorney can answer all your questions, properly prepare evidence and devise the best legal strategy to help you win your case. You also gain peace of mind, knowing that your case is being handled with legal expertise.

My name is Cheryl Fletcher and I have been a divorce and immigration attorney since 2015. I have helped hundreds of immigrants overcome unexpected immigration and divorce issues. If you would like a personal evaluation of your case, please contact us right away to schedule a consultation.

Sources: U.S. Citizenship and Immigration Services, “After a Green Card is Granted” Accessed May 16, 2018

U.S. Citizenship and Immigration Services, “Conditional Permanent Residence” Accessed May 16, 2018

Immigration attorney fees

Marriage Green Card Adjustment of Status

Will I Have to Leave the USA to Adjust My Status?

It depends. If you entered the U.S. lawfully, even if you overstayed your visa and you are now married to a U.S. citizen, it is highly unlikely that you will have to the leave the USA to get your green card. If you are married to a lawful permanent resident and you have fallen out of status, more than likely, you will have to attend your immigrant interview abroad. If you entered the USA illegally, you won’t be able to adjust your status and you will have to do consular processing for your green card.

Visa Overstay to Marriage Green Card- Adjustment of Status Checklist

1. Inspected and Admitted or Paroled: This typically means that you arrived in the U.S. by a visa, or ESTA or you were given permission to land temporarily.

2. Visa Availability: An immigrant visa number must be immediately available to you at the time that you file your adjustment of status application.

3. Bona Fide Marriage: You must intend to establish a life with your U.S. citizen spouse. You cannot be getting married just for the green card.

4. Medical and Security Clearances: You must pass a medical examination where you have no Class A or Class B medical conditions. Some exceptions apply. You must also not pose a threat to the safety and security of the United States.

5. Unauthorized Employment: As the spouse of a U.S. citizen, you will be forgiven for working without authorization. If your spouse is a lawful permanent resident, you may not be forgiven and your adjustment of status application will likely be denied.

Attorney, Cheryl Fletcher

How We Can Help You Win Your Adjustment of Status Case?

affordable flat fees*

You can get started with as little as $2,500 down and we offer a flexible monthly payment arrangement for the remaining balance.

Experienced attorney

We’ve been practicing for nearly 10 years and have helped hundreds of clients just like you.

HIGH APPROVAL RATE

Over 90% of our I-485 Adjustment of Status Applications for a Green Card have been approved.

What Our Clients Say

“I want to extend my deepest gratitude to my lawyer, Mrs. Fletcher, for her unwavering support and dedication throughout the process of obtaining my green card and my mother’s citizenship.”

Caleer Cam

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“Miss Cheryl Fletcher law office is a great and dedicated service that help our company visa beneficiary with his immigration documents and application process.”

Phoenix Gym

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“Miss fletcher law office is a dedicated service that help me and my daughter with our immigration paper. She go above and beyond to make sure everything work in our favor.

Janice Bedford

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Divorce with Conditional Green Card

Will You Lose Your Immigration Status Because of a Divorce?

The short answer is no. However, you must be careful to follow specific steps to improve your chances of getting a 10-year permanent resident green card.

Important Steps to Help You Win Your 10-Year Green Card Case

1. Evidence: Gather all evidence proving that you entered into a bona fide marriage with your spouse. Your spouse may try to destroy these documents to make your life difficult.

2. Divorce: Get your divorce finalized before USCIS makes a decision on your I-751 Petition to Remove Conditions on Residence.

3. Filing Requirements: Within 90 days before your two-year green card expires, you must file your I-751 Petition. Your spouse may refuse to sign it but that is okay, you can request a divorce waiver.

4. Attorney: This process can get complicated because USCIS may assume that your marriage was fraudulent, if your case is not presented properly. Hire an affordable and skilled immigration attorney to help you avoid mistakes and potential issues in your case.

Attorney, Cheryl Fletcher

How We Can Help You Get the Peace of Mind You Deserve

affordable flat fees*

We charge $3,500 for our attorney’s fees and we offer payment plans.

Experienced attorney

We’ve been practicing for nearly 10 years and have helped hundreds of clients just like you.

HIGH APPROVAL RATE

Over 90% of our I-751 Petitions to Remove Conditions on Residence have been approved.

What Our Clients Say

“I want to extend my deepest gratitude to my lawyer, Mrs. Fletcher, for her unwavering support and dedication throughout the process of obtaining my green card and my mother’s citizenship.”

Caleer Cam

Google Review

“Miss Cheryl Fletcher law office is a great and dedicated service that help our company visa beneficiary with his immigration documents and application process.”

Phoenix Gym

Google Review

“Miss fletcher law office is a dedicated service that help me and my daughter with our immigration paper. She go above and beyond to make sure everything work in our favor.

Janice Bedford

Google Review

USCIS Immigration Adoption Requirements Explained

USCIS Immigration Adoption: Overview

USCIS immigration adoption requirements will depend on whether the county you are planning to adopt from is a Hague Adoption Convention or a Non-Hague Adoption Convention country. If you are adopting from a Hague country that child is called an “adoptee” while the non-Hague child is called an “orphan.” Both parents do not have to be deceased for the child to be an orphan as you will learn later in this article.

Eligibility Requirements to Adopt Hague Convention Children

  1. U.S. Citizenship: You must be a U.S. citizen to be able to adopt. Lawful permanent residents are ineligible.
  2. Child’s Residence: The child must be living in a country that is party to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.
  3. Marital Status: If you are married your spouse must also adopt the child. If you are unmarried, you must be 25 years of age or older. Additionally, the child must be unmarried.
  4. Legal custody and joint residence requirements: You do not have to meet the 2-year legal custody and joint residence requirements, if you are adopting from a Hague country. Additionally, you must be a habitual resident of the U.S.
  5. Child’s Age: The adoption must be finalized before the child’s 16th birthday and the visa petition must be filed before the child’s 16th birthday.
  6. Birth parents: The child’s birth parents must freely give their written irrevocable consent to the termination of their parental rights.
  7. Home study: A home study must be conducted and approved before the child may immigrate to the U.S.

Eligibility Requirments for Non-Hague Orphan Children

U.S. classifies non-Hague children as orphans. Prospective parents must file I-600, Petition to Classify Orphan as an Immediate Relative, in conjunction with Form I-600A, Application for Advance Processing of Orphan Petition, to see if the child qualifies to immigrate to the United States.

  1. U.S. Citizenship: You must be a U.S. citizen to be able to adopt. Lawful permanent residents are ineligible.
  2. Child’s Residence: The child must be living in a country that is party to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.
  3. Marital Status: If you are married your spouse must also adopt the child. If you are unmarried, you must be 25 years of age or older. Additionally, the child must be unmarried.
  4. Legal custody and joint residence requirements: You do not have to meet the 2-year legal custody and joint residence requirements, if you are adopting from a Hague country. Additionally, you must be a habitual resident of the U.S.
  5. Child’s Age: The adoption must be finalized before the child’s 16th birthday and the visa petition must be filed before the child’s 16th birthday.
  6. Birth parents: The child’s birth parents must freely give their written irrevocable consent to the termination of their parental rights.
  7. Home study: A home study must be conducted and approved before the child may immigrate to the U.S.

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