Can I Get a Green Card if I Divorce My Spouse?
As an immigrant who is applying for a marriage-based green card, a divorce from your United States citizen spouse or lawful permanent resident can create serious uncertainty for you. Your initial worries may be that a divorce petition automatically ends your immigration case, that you will no longer be welcome to stay in the country, and that you will have no other immigration paths at your disposal. If the life you built for yourself seems to be crumbling down all around you in this manner, it is best to remain calm, and to please continue reading to learn whether you can get a green card after a divorce from your spouse and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate your current standing in the United States.
Can I still get a green card if I divorce my spouse during the application process?
Say you filed Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS), where you intended to establish a family relationship with your United States citizen or lawful permanent resident spouse. But then, you may undergo divorce proceedings simultaneously, and ultimately receive a final judgment from the family court before the USCIS can approve your green card. Under these circumstances, the USCIS may cancel your marriage-based application because you no longer hold a qualifying marital relationship.
However, you may be able to obtain an immigration waiver that stops this automatic disapproval. For example, you may self-petition for an immigration classification if your U.S. citizen or lawful permanent resident spouse was abusive towards you, thanks to the Violence Against Women Act (VAWA) of 1994. No matter what exception you try to get, you must effectively prove that you entered your marriage in good faith, that your marriage was real, and that your marriage was not solely for immigration purposes or benefits.
What if I get divorced after obtaining my two-year conditional green card?
In another scenario, say that you have applied for and obtained a conditional green card after being married to your United States citizen or lawful permanent resident spouse for two years or less. Now, you may be looking towards a permanent green card status, but your spouse may have also recently filed for divorce. Well, after your divorce, you can no longer jointly file Form I-751, Petition to Remove Conditions on Residence, alongside your spouse. Rather, you may have to file a waiver and satisfy a significant burden of proof.
As mentioned above, it is important for the USCIS to know that your marital relationship was genuine. This may be accomplished through evidence like a joint lease agreement to show that you lived together, statements from a joint bank account to demonstrate that you shared finances, joint tax filings, photos of you and your spouse on trips and vacations, records of your phone, text, and email communications, your children in common, and more.
So, if you wish to gain more clarity on the situation you are dealing with, the best way to get it is by consulting with a skilled family immigration lawyer in Milwaukee, WI. Get in touch with our team at Sesini Law Group, S.C., today.
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