“Green Card then Divorce?” Now what? While dealing with the emotional aspects of a divorce, you may also worry about the potential impact on your immigration status. Your concern may include the risk of losing your green card or facing deportation. However, if you entered into a bona fide (genuine) marriage, the divorce itself will generally not affect your immigration status. U.S. immigration law acknowledges that not all marriages last forever and has provisions in place for situations like this.

Marriage ending in a divorce, after a conditional green card is issued, is a very common occurrence. You obtained a 2-year conditional green card because your marriage was less than two years old at the time that USCIS or the overseas US consulate approved your green card application. With this type of green card, you must file an I-751 application to remove the conditions, to obtain permanent residence. This must be done within 90 days of expiration of the 2-year conditional green card.

If your marriage begins to deteriorate before you file the I-751 application, two main scenarios could unfold:

• Your Spouse Signs the I-751
  If your U.S. citizen or lawful permanent resident spouse agrees to sign the I-751 form, you will be filing a joint aplication. You’ll need to provide evidence proving that your marriage was genuine. This includes joint proof of residence, joint bank statements, utility bills, income tax returns, photos and affidavits from friends or family. It also includes any other documents that can demonstrate the authenticity of your relationship.
• Your Spouse Refuses to Sign the I-751
  If your spouse refuses to sign, you should still file the I-751 application on your own, but you should request a divorce waiver. You should submit similar evidence as above, (such as bank statements and photos), along with a copy of the divorce judgment. If the divorce hasn’t been finalized yet, include a copy of the filed divorce petition. The divorce must be finalized by the time USCIS makes a decision on your application.

A third scenario may occur after you have filed a joint I-751 petition. Your spouse may decide that he or she wants to withdraw the application. Your spouse may even send a letter to USCIS stating so. If that occurs, let USCIS know that you would like apply for a divorce waiver. Include a copy of the divorce petition, if the case is still pending. If the divorce has been finalized, then submit a copy of the divorce judgment. Even if your spouse later changes his or her mind, once the divorce has been finalized, your application will not revert to a joint filing. Although the I-751 green card application can be approved without an interview, there is a very high chance that it will not. USCIS is concerned about fraudulent marriages and when a divorce occurs, this usually raises a red flag.

In some cases, the divorce is amicable and your ex-spouse wants to support you throughout the immigration process. He or she may submit an affidavit to USCIS stating that the marriage was real, even though it ended. Your ex-spouse may even offer to attend the interview with you, as a sign of support.

If you submitted a strong I-751 application, you should have little trouble proving that the marriage was real. Weak applications can cause serious problems. An experienced immigration attorney is valuable in either scenario and can make the difference between whether your application is approved or denied. You should be well prepared for your interview to give yourself the best chance of obtaining a 10-year permanent residence green card.

If you move from the marital home while the I-751 application is pending, update your address with USCIS within 10 days of moving. If you don’t do this, you could miss important updates about your case. It is also a misdemeanor that can be punished by a fine of up to $200 and up to 30 days in jail. You could also be deported, unless you can prove that that the failure to report a change of address was “reasonably excusable,” or that the failure was not “willful.” While such offenses are rarely prosecuted, it’s crucial to stay in compliance.

Getting a divorce, after a 10 year green card has been approved, is a little less problematic. You do not need to notify USCIS that your marriage has ended in a divorce, even when renewing the green card. However, you must do so if you are applying for U.S. citizenship. You must however notify USCIS of any change of address, as stated above. Although it is possible that USCIS can reevaluate whether your marriage was real when you apply for naturalization, this is highly unlikely. A key question is: “How does a divorce affect your application for U.S. citizenship?” When you were married and living with your spouse, you were eligible for US citizenship within 3 years. As a divorcee, you must wait until 5 years, after you obtained permanent residence, to apply for US citizenship.

This article provides a broad overview of “divorce with a green card” and its effect on your immigration status. U.S. immigration law is complex and is not limited to the forms on USCIS’ website. An experienced immigration attorney can tailor your case to the specifics of the law, focusing on the Immigration and Nationality Act. Additionally, other statutes and relevant case law may affect your case. The attorney’s fees for this service is invaluable. An attorney can prevent costly mistakes, save you unnecessary headaches and relieve uncertainty concerning the immigration process.

Attorney, Cheryl Fletcher, is a U.S. immigration attorney that has been through the immigration process, herself. She practices regularly at USCIS and has helped hundreds of applicants who have experienced a divorce after obtaining a green card.