The United States Citizenship and Immigration Services (USCIS) is very adamant about exclusively administering green cards to noncitizen spouses whose marriages with United States citizens are legitimate. At the beginning of your green card application process, you may have every intention of making your relationship work with your United States citizen spouse. However, we understand too well that sometimes your expectations for marriage and life in the United States may not meet your reality. With this, you may worry that your potential divorce may jeopardize your immigration status. In this case, follow along to find out what happens to your green card upon getting divorced and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help protect your status in the country.
What are the different types of marriage green cards?
First of all, if you are the noncitizen spouse of a United States citizen, you may apply for a permanent or conditional green card. A permanent green card may apply if you have been married for two years or more, while a conditional green card may apply if you have been married for two years or less. Additionally, a permanent green card may last for 10 years before you must renew it, while a conditional one may only last for two before you can apply for a permanent one.
What happens if I get divorced after getting green card status?
You may rest easier knowing that your getting divorced may not affect your ability to renew your permanent green card after 10 years. This is because your renewal application, Form I-90, Application to Replace Permanent Resident Card, may not ask you any questions regarding your current marital status.
What’s more, you may even submit a naturalization application, Form N-400, Application for Naturalization, while holding a permanent green card. However, you may have been granted a shorter waiting period of three years if you were still married. But if you have gotten divorced, you may have to hold your green card for five years before applying. So, if you finalize your divorce before the USCIS approves your naturalization application, you may have to withdraw it and wait to reach the five-year mark.
Now, it may be a different story if you get divorced with a conditional green card. This is because, usually, you and your spouse would have to file a joint application, Form I-751, Petition to Remove Conditions, to turn your green card into a permanent one. But if you have gotten divorced, you may have to request the USCIS to waive the joint filing requirement. With this, though, the USCIS may be led to question whether your marriage was legitimate to begin with.
We understand just how delicate this situation may be for you. If you need an emotional support system that doubles as a legal support system, look no further than Sesini Law Group, S.C. Retain the services of a talented family immigration lawyer in Milwaukee, WI today.