Divorce While Obtaining a Green Card: Key Points to Consider
If you're pursuing a green card through marriage and face a divorce before its approval, it can significantly impact your immigration status. Here's a breakdown of key points to consider:
Conditional Status and Joint Petition:
Initially, green card applicants with marriages less than two years old receive conditional permanent resident status valid for two years.
To remove these conditions, you and your spouse must file a joint petition to remove conditions (Form I-751) within 90 days before the expiration.
Divorce Before Joint Petition:
Even after a divorce, you might still be eligible for a waiver and file on your own, provided you demonstrate a good faith marriage terminated due to circumstances beyond your control (e.g., divorce).
Available Waiver Options:
Joint Filing Waiver: If possible, file the petition jointly despite the divorce.
Divorce Waiver: If already divorced, this waiver allows individual filing with evidence of a good faith marriage (e.g., final divorce decree).
Extreme Hardship Waiver: Applicable if termination of your status would cause extreme hardship, and joint filing is impossible.
Importance of Documentation:
Regardless of the chosen waiver, comprehensive documentation is critical. You'll need proof of the genuine nature of your marriage, divorce documents, and any relevant evidence supporting the chosen waiver category.
Seek Legal Guidance:
Given the complexity of immigration laws and the impact of divorce, consulting an immigration attorney is highly recommended. They can offer personalized advice and guide you through the application process effectively.
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Post-Divorce Status Implications:
If you receive your green card after the divorce, you maintain your lawful permanent resident status. However, if you're still a conditional green card holder and your joint petition is denied, your immigration status might be at risk.