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Can i divorce my wife after getting green card

If you established permanent residence in the United States through marriage, divorce may pose a unique set of problems for you, ranging from suspicion of fraudulent marriage to jeopardized legal status. You may be worried about losing your green card after divorce proceedings and being accused of a felony. At The Alagiri Immigration Law Firm, we provide trustworthy counsel and reliable instruction for people who need help navigating high-stakes immigration matters , such as the dissolution of green card marriages. We understand the ins and outs of U. If your legal status in the U. Call to connect with a San Mateo immigration attorney today and schedule your complimentary consultation.

SEE VIDEO BY TOPIC: Divorce And Immigration - Divorce Before Green Card vs Divorce After Green Card

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SEE VIDEO BY TOPIC: Getting a Green Card After Divorce

Can a conditional resident keep their green card after divorce?

Even if your marriage green card application is straightforward and free of red flags, the high stakes make a lot of applicants anxious. Citizenship and Immigration Services USCIS has the same goal as you and your spouse: Ensuring that eligible couples with genuine marriages are able to live together in the United States.

Here are some of the most common problems that marriage-based green card applications run into, and how you can avoid them. The most essential part of your green card application is proving that you and your spouse have a legally recognized marriage and that your relationship is authentic.

This marital relationship is the foundation of your eligibility for a green card. The first step is proving that you have a valid, legally recognized marriage. There are a number of ways that this can become more complicated, however. Your marriage must be valid and legally recognized in the place where you were married, and you have to prove that any previous marriages ended before your current marriage started, by including either divorce certificates or death certificates for any prior spouses.

Here are some examples of how you might run into trouble proving that your marriage is legally valid:. The second part of establishing your marital relationship is proving that your marriage is authentic, rather than a marriage made solely for the purpose of getting a green card. You and your spouse must provide evidence of your relationship and your life together, such as financial documents, photos from trips together, and birth certificates of your children, if you have any, to prove the authenticity of your marriage.

Check out our article for more information on proving your marriage is real. Simple errors are a common reason that green card applications get denied. The most common errors include:. As part of the marriage-based green card process, the U. Check out our article for more details on these income requirements for a marriage-based green card.

Just being married to a U. There are some situations that can make you or your spouse categorically ineligible to obtain a green card. These situations include:. Not sure if you qualify for a marriage-based green card? You can check your eligibility through Boundless without providing any personal or financial information. Learn more , or get started today. Many potential reasons for denial can be avoided with proper preparation. Preventative measures could include filing a waiver request, finding a financial co-sponsor, or getting married again if there are legal issues with your initial marriage.

Thorough preparation can make the difference between a smooth green card application process and a denial that threatens your plans to live together in the United States. With Boundless, you get the confidence of an independent immigration attorney who will review all of your application materials and answer any questions you have — for no additional fee. Learn more about what you get with Boundless , or check your eligibility for free. Boundless — for people who want the expertise of an immigration lawyer, not the price tag.

Get Green Card Checklist Learn what we do for you. Green Card Sponsors with Criminal Records. Green Card Applicants with Criminal Records. Overstays, Unlawful Presence, and Illegal Entry. Sponsoring an Undocumented Spouse. Avoiding Immigration Scams. The Diversity Visa Lottery. Looks like you were working on a application just now. Applicants typically only require one service at a time. Because your friend referred you, your application with Boundless is discounted. Failing to establish a valid and authentic marriage The most essential part of your green card application is proving that you and your spouse have a legally recognized marriage and that your relationship is authentic.

You are a same-sex couple and got married in a country that does not officially recognize same-sex marriages. Mistakes on the green card application package Simple errors are a common reason that green card applications get denied. The most common errors include: Failure to provide translations.

Any documents in a non-English language, including birth certificates and marriage certificates, must be translated, word-for-word, into English. You need to include both the translation and the non-English version in your application package, and the translations have to be certified.

That simply means that the translator must certify in writing that he or she has translated the document accurately. Missing information in the forms.

Problems with the photos. The green card application package requires passport-style photos. You will be able to take these photos at most drug stores. However, you should make sure they meet government requirements. Insufficient fees. Missing signatures. Make sure that both you and your spouse have signed on all of the required signature lines. Insufficient financial resources As part of the marriage-based green card process, the U.

Not eligible to apply for a green card from inside the United States Just being married to a U. For more, see our detailed article on traveling to visit a spouse.

For more, see our detailed article on green cards and prior immigration violations. If you entered the United States on a J-1 exchange visitor visa, you may be required to spend two years in your home country after your time in J-1 status—unless you obtain a waiver of this residency requirement.

If you are currently in removal proceedings, you are ineligible to apply for a green card from within the United States. Not eligible, period There are some situations that can make you or your spouse categorically ineligible to obtain a green card.

These situations include: Certain criminal records. Some but not all types of criminal records could make you or your spouse ineligible to apply for a green card. The rules are different for green card sponsors and green card seekers. Certain medical issues.

If the spouse seeking a green card has a communicable disease, a mental illness, or a history of drug abuse, he or she could be ineligible for a green card. For more details, see our article about the green card medical exam.

Lies and misrepresentations. Any kind of misrepresentation or dishonesty to immigration officials is considered fraud, and will prevent you from getting a green card. Start by checking your eligibility. Get Green Card Checklist. Learn what we do for you. Which Service?

A Marriage Used to Prevent Deportation. Not Anymore.

We are OPEN and ready to serve you. Learn more. I have a conditional greencard and am separated or am getting divorced from my U. Citizen husband.

While divorce means the end of a marriage, it could also result in revocation of permanent residence—and even deportation from the United States. According to U. In the event of a divorce, the U.

Sometimes a divorce will have immigration consequences. Here are some common situations where divorce can impact your green card also called lawful permanent residence. Divorce can mean you are bumped back to the standard five year wait to file for US citizenship. The wait to file for citizenship is only three years if your spouse is a US citizen and you have lived together in marital union for at least three years after getting your green card and before filing for citizenship.

Immigration and Divorce

If you married a U. If your petition is approved, you will be granted a year green card. But what happens if you get divorced before the conditions are removed? You may still be able to get an unconditional year green card if you meet certain qualifications. Normally, you and your spouse must file form I, Petition to Remove Conditions on Residence, in order to obtain your year green card. However, you can file form I on your own if you can show that you entered the marriage in good faith and one of the following events happened:. An example of extreme hardship might be that you have a U. In order to show that you entered the marriage in good faith, you will need to submit as many documents as you can, such as:.

Can I Apply for Citizenship If I’ve Divorced the Person Who Got Me My Green Card?

It is not uncommon for those who immigrate to the United States to receive their residency status based on their marriage to a United States citizen or permanent resident. At the end of the two-year time period, both spouses must sign the I Petition to Remove the Conditions of Residence form. If you are getting a divorce or are divorced, and your spouse will not sign the I, here is a look into your options and whether or not your residency status will be affected. One of the biggest concerns with getting a divorce when your residency was based on your marriage is that a divorce can make it look as though the marriage was a sham union designed solely for the purpose of obtaining your residency in the first place. In fact, your marriage may be scrutinized, as divorce can cast doubt on whether or not your marriage was legitimate to begin with.

If you received your green card by marrying a U.

Even if your marriage green card application is straightforward and free of red flags, the high stakes make a lot of applicants anxious. Citizenship and Immigration Services USCIS has the same goal as you and your spouse: Ensuring that eligible couples with genuine marriages are able to live together in the United States. Here are some of the most common problems that marriage-based green card applications run into, and how you can avoid them.

Will I Lose My Green Card After Divorce?

Thirteen years after her husband was ordered deported back to his native Brazil, the official recognition of their marriage would bring him within a few signatures of being able to call himself an American. With legal papers, they could buy a house and get a bank loan. He could board a plane. They could take their son to Disney World.

Divorce is complicated enough — but it becomes even more complicated when the end of your marriage could affect your immigration status. The Center for Immigration Studies estimates that close to , US citizens marry foreign nationals each year. These US citizens must take steps to secure green cards for their foreign-born spouses. While you may not want to dwell on what seems like an unpleasant or unlikely situation, it is important to be aware of the ways the divorce process can affect your immigration status. First things first: when applying for US citizenship it is vital that you translate all necessary personal documents into English — this includes both your marriage certificate and, if the marriage dissolves prior to securing citizenship, your divorce certificate.

How Can I Protect My Immigration Status in a Divorce If I’m Still a Conditional Resident?

Can I keep my green card even if my US citizen spouse decides to divorce me? Louis, Missouri. Typically, what happens in a regular green card case is the US citizen sponsors someone, and they get that green card. What happens then? Can the person still get their green card?

If you're getting a green card through your spouse but you divorce before One or more of the following criteria must be met for the waiver to be valid and.

The People's Law Library. This means no hearing for non-detained individuals until June 1, For more information, see the Maryland Access to Justice Commission's website.

What Happens to My Green Card After Divorce?

In some cases, a divorce may be affected by immigration. Here are some common questions and answers. A person who immigrates to the U.

What If I Get Divorced Before I Get My 10-Year Green Card?

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Comments: 2
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