Divorce After Green Card Call (650) 931-2509 to Speak to an Immigration Lawyer in San Mateo. There is something that every applicant for naturalization should realize. This is known as a derivative applicant. In most cases, a divorce after green card does not affect one’s immigration status. Read the entry below concerning this issue. In most cases, you and your spouse will have to file Form I-751 together. For example, Anika is a U.S. citizen who married Pritesh, an Indian national. A divorce will affect your eligibility to file Form N-400, Application for Naturalization, if you are filing on the basis of marriage to a U.S. citizen for three years. The underlying issue here is whether a divorce casts doubt on whether the marriage was the real thing, and how the issue will come to the attention of the immigration authorities and then be resolved. The joint petition tells USCIS that the marriage is still real and ongoing. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Divorce can be a devastating life event. Taking into consideration that fees could go up for many applications at any time, it's generally a good idea to prepare & file your Green Card or Citizenship applications sooner rather than later. Exceptions and restrictions may apply; see Refund Policy for details. A U.S. citizen or permanent resident can petition a spouse for permanent residence (green card). USCIS may request additional evidence from some. MYRA Wealth is a valued partner, but this is not a sponsored post. If the difference between the two dates is 2 years, it means you have a conditional green card. A divorce after green card may introduce new challenges to a permanent resident. This is called “filing jointly.”. If you apply for U.S. citizenship (to naturalize), USCIS will have another chance to review your immigration file, and your marriage information. He wasn’t eligible to file the citizenship application based on his marriage, but he can now file the naturalization application (Form N-400) based on his five years as a permanent resident. Edward may continue with the application because he is the primary beneficiary. Your access to and use of this site is subject to additional Terms of Use. Citizenship and Immigration Services (USCIS) somehow finds out that your marriage was not real, it’s possible for you to lose your green card and get deported from the U.S. A conditional green card, also known as a 2-year green card, is issued to a married person who: A conditional green card holder has the same rights as a person who has a regular green card. Interestingly enough, statements from marriage counselors or therapists can be helpful in this regard.
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