Divorce can potentially affect your green card process if you obtained your green card through marriage to a U.S. citizen or a lawful permanent resident. Your case’s status and other factors will determine the impact it will have on your case. Here are some key points to consider:
- Conditional Green Card (Marriage): A joint petition between you and your spouse is usually needed to remove conditions 90 days before the conditional green card expires. Getting a divorce before the conditions of your residence are removed may complicate the process.
- Joint Petition after Divorce: You can still remove the conditions on your green card by filing a waiver application if you get divorced before filing the joint petition. You must prove that you got married in good faith, but the marriage ended due to abuse or extreme hardship.
- Good Faith Marriage: U.S. immigration officials scrutinize divorces that occur soon after green card issuance. They want to make sure the pair is married for the right reasons, not immigration benefits. Divorce may affect your green card application if your marriage is questioned.
- Evidence of a Legitimate Marriage: If you are divorcing and asking for a green card, you must prove your marriage was legitimate. Joint bank statements, leasing agreements, electricity bills, photos, and affidavits from friends and family prove your relationship.
- Adjustment of Status or Consular Processing: Divorce can impact these two proceedings. It may delay or complicate the process, and you might need to provide additional proof or attend interviews to address divorce-related inquiries.
Consult with an experienced immigration attorney who can give you case-specific guidance regarding Divorce and your Green Card process. The J. Molina Law Firm can advise you on how your divorce may affect your green card application and guide you through the necessary steps to navigate the situation successfully.
