What happens if the marriage ends before the conditional green card is granted to spouse

If a marriage ends before the conditional green card is granted to sposue, it can significantly impact the immigration status of the individual holding the conditional green card. Here’s what to expect and the options available:

Conditional Green Card Overview

A conditional green card is typically issued to individuals who have been married for less than two years at the time of obtaining their permanent residency. This status is valid for two years and requires the couple to jointly file Form I-751 to remove the conditions and obtain a permanent green card.

Implications of Divorce

If the marriage ends before the conditions are removed, several scenarios can unfold:

Application Halt:

If you are still in the process of applying for a green card and your marriage ends, your application may be denied since it is based on the validity of your marriage.

Divorce After Receiving Conditional Green Card:

If you have already received a conditional green card but then divorce, you must take additional steps to maintain your residency status. You can apply for a waiver to remove conditions without your spouse’s signature by proving that the marriage was genuine and not entered into for immigration benefits.

Waiver Process

To successfully apply for a waiver when your marriage ends:

Evidence of Genuine Marriage:

You will need to provide substantial documentation demonstrating that your marriage was legitimate. This can include joint bank accounts, shared bills, photographs, and any evidence of cohabitation or children together.

Written Statement:

A detailed statement explaining why the marriage ended is often required. This should outline any irreconcilable differences or circumstances surrounding the divorce.

USCIS Scrutiny:

Be prepared for increased scrutiny from USCIS, as they will closely examine applications that involve waivers due to divorce. Additional evidence may be requested to confirm that the marriage was entered in good faith.

Potential Outcomes, after filing of waiver application

Approval of Waiver:

If you successfully prove that your marriage was genuine, you may receive approval to remove the conditions on your green card and transition to permanent resident status.

Deportation Risk:

If you fail to provide sufficient evidence or if USCIS determines that your marriage was fraudulent, you risk losing your conditional resident status and could face deportation proceeding.

Legal Assistance

Given the complexities involved in these situations, it is advisable to consult with an immigration attorney who can guide you through the process and help gather necessary documentation.

Concluding- Ending a marriage before removing conditions on a conditional green card can complicate one’s immigration status but does not automatically result in deportation. With proper documentation and legal support, individuals may still navigate towards securing permanent residency despite marital dissolution.

This understanding emphasizes the importance of being proactive and informed about immigration processes related to marital status changes.

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Terry

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