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

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