In bad economic times, divorce rates increase dramatically as money issues drive couples apart and many spouses who receive their green-card/permanent residency through marriage to a U.S. Citizen or permanent resident worry that a later divorce may affect their citizenship or naturalization application.
Assuming, that the marriage was not a sham or for fraudulent purposes, divorce does not adversely affect a spouse’s immigration status after the spouse obtains a green card or permanent residence unconditionally and a divorce will not invalidate the green card or cause the U.S. Citizenship and Immigration Services (USCIS) to deny a citizenship application automatically.
Divorce may however pose doubts and require the divorced spouse seeking to obtain U.S. Citizenship to reassure the USCIS interviewing officer that the marriage was not a sham. A good way to prove that your marriage was genuine is to take copies and originals of documents that show that you and your ex-spouse lived together, had joint bank accounts, and shared important and memorable moments together. Examples of documents include, home title or rent receipts or home lease in both names, joint bank account statements, credit card statements, photographs of both spouses on vacation, birth certificates of children born during the marriage, etc.
Also, divorce may delay a spouse’s right in obtaining citizenship in certain cases. For instance, a divorced spouse having a green-card who was married to a U.S. citizen will not be able to avail the short three year residency requirement, if the spouse is not married to the U.S. citizen for at least three years before the naturalization exam date. In essence, if the green-card holder spouse divorces the U.S. citizen spouse before three years of marriage have passed, then s/he will have to wait until the normal five year residency requirement has elapsed before s/he is eligible to apply to become a naturalized U.S. Citizen and cannot take advantage of the three year residency requirement.
My husband applied for a green card thru his job (his company sponcored it); we all, including children, received greencards, and now he is devorcing me. Will I loose my greencard after divorce?
Divorce does not affect your green card or Legal Permanent Resident (LPR) Status adversely, assuming your marriage was bonafide. Thank you for visiting our weblog and we wish you luck.
I’m a Legal Permanent Resident (LPR) for the past 3 years and i’m married to a U.S. Citizen for more than 3 years now, but we’re getting a divorced. Can I still be eligible to apply U.S. citizenship under the 3 year law?
Thank you for visiting our blog.
In response to your question: If married to a United States Citizen (USC) – the residency requirement is 3 years if your spouse has been a USC for three years and you have been living in “marital union” i.e. living together for 3 years, preceding the filing of the naturalization application. A divorce, legal separation, or even an informal separation may signify dissolution of the marital union. So, although, you are not required to live with your USC spouse after filing of the naturalization application, you must still be married at the time of naturalization.
Hope this answers your query. Good luck!
My husband applied for a green card through his job. The company he worked for has sponsored his green card. I received my green card as his dependent. Now he wants to divorce me. I got the Green card while he is seeking a divorce. Will I loose my greencard after divorce? You advice will be very helpful.
Thanks in advance
Regards
Kirti
Thank you for visiting our Weblog.
Divorce typically does not affect your green card or Legal Permanent Resident (LPR) Status adversely, assuming your marriage was bonafide. Good luck.
I got married in last November 2008 (almost 8 months) and I just received as well as my minor son our green cards, Our marriage was for love, however,now it is breaking apart and we are considering to be divorce, how this could affect my citizenship?
Thank you for visiting our weblog.
We recommend you consult an experienced lawyer and seek legal advice based on your current circumstances.
In general, since you are married for less than two years you will have received a Conditional Permanent Residence – which lasts 2 years although it has all the benefits of an unconditional legal permanent residence.
Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on account of the divorce being filed or becoming final.
Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence.
If you are contemplating divorce, there are few ways to remove the conditions on a green card successfully, in certain instances, such as cases of domestic violence, imprisonment, mental illness, etc., provided one is able to show that the marriage was valid and legitimate for immigration purposes. It is therefore advisable to seek legal help from an immigration attorney.
We wish you luck.
I just got petitioned by my present husband. But we are separated for a year, my question is i will have my biometrics this month and was wondering will my application for my temporary green card will be affected if we get divorced? I have a U.S. citizen with my current bf but the thing is me and my current bf are not in good terms because he cheated on me with someone when he was drunk. Is this going to be a big problem? what should i do? And what comes after biometrics, work permit? then what else?
Thank you for visiting our Weblog.
Assuming your green card petition is marriage based and there was no legal separation at the time of petition, your green card application cannot be denied simply because your husband and you are not living together or solely because the marriage is not viable. Having said that, you will receive a Conditional Permanent Residence (i.e. green card), if you have been married for less than 2 years. The conditional residence lasts 2 years although it has all the benefits of an unconditional legal permanent residence.
Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on account of the divorce being filed or becoming final. Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence.
If you are contemplating a divorce you should consult an immigration attorney for specific advice about your situation.
Good luck.
i am a permanent resident & have been married to my US citizen wife for 3 years & we have been living together all that time, our marriage was based on love , recently our marriage is breaking a parts & we decided to file for divorce
Can I still be eligible to apply U.S. citizenship under the 3 year law?
Query: I am a permanent resident & have been married to my US citizen wife for 3 years & we have been living together all that time, our marriage was based on love , recently our marriage is breaking a parts & we decided to file for divorce. Can I still be eligible to apply U.S. citizenship under the 3 year law?
Reply: Thank you for visiting our blog.
In general, an application for naturalization will be denied if there is any disruption to the “marital union” ie. in this instance filing for divorce. Thus, the naturalization application will typically be denied even if the application was filed and you no longer reside with your Citizen spouse at the time of the naturalization interview.
Good luck.
I am married to usc have been married and in states for 3 years just received permanent residence about one month ago, I would like to get a divorce because not happy, if I divorce usc will my permanent residence card be effected due to short time of having permanent residence card? which is best me file or him file for divorce?
Query: I am married to USC have been married and in states for 3 years just received permanent residence about one month ago, I would like to get a divorce because not happy, if I divorce USC will my permanent residence card be effected due to short time of having permanent residence card? Which is best me file or him file for divorce?
Response: Normally, nothing will automatically happen to invalidate the Permanent Residence (green-card) status simply on account of the divorce being filed or becoming final, assuming your marriage was bonafide.
Good luck.
I been married to my wife for 2 years but i was not living in the us and we got married outside the us.i came to the us and spend one month and few weeks,i got my permanent resident.but she been creating problem and having alot of confusion even thoe i dont know the us good.she want a divorce,i am wondering if it will harm my permanent resident status.
Query: I been married to my wife for 2 years but i was not living in the us and we got married outside the us.i came to the us and spend one month and few weeks,i got my permanent resident.but she been creating problem and having alot of confusion even thoe i dont know the us good.she want a divorce,i am wondering if it will harm my permanent resident status.
Response: Assuming you received a Conditional Permanent Residence – which lasts 2 years although it has all the benefits of an unconditional legal permanent residence.
Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on account of the divorce being filed or becoming final, assuming your marriage was entered in good faith.
Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence.
You should seek legal advice from an attorney when seeking to obtain an unconditional permanent residence.
Good luck
hey
i am fatima,i am from morroco, i came to usa as worker, i supposed to work at EPCOT Walt Disney for Q1 visa and after 4 months i met my husband we get married in july 16th, 2009 and i quiet from work. and i ve just got the field to fill for the purpose to apply for greend card but he wanna divorce now because he is realize that he is still in love with his ex girlfriend what i suppose to do? i am lost i don’t know what it is gonna be my situation after? please help me with your advice
Query: i am Fatima, i am from Morocco, i came to USA as worker, i supposed to work at EPCOT Walt Disney for Q1 visa and after 4 months i met my husband we get married in July 16th, 2009 and i quiet from work. and i ve just got the field to fill for the purpose to apply for green card but he wanna divorce now because he is realize that he is still in love with his ex girlfriend what i suppose to do? i am lost i don’t know what it is gonna be my situation after? please help me with your advice
Response: There is no requirement that a marriage currently be viable in order to seek immigration benefits, as long as you entered into a good faith, bonafide marriage and have neither divorced or legally separated from your spouse — you can apply for a green card. However, given the short length of your marriage, it is recommended you seek legal advice from an attorney.
i got married and gotthe greencard with the status E14 . My husband left the country three months later and went back home . Since then i am in USA now he is asking for divorce .If i gave him divorce do i have to go away and surrender my green card as well ??? He is not in USA but i am leaving of my own and filed tax return as seperated last year. Please advise.
Query: i got married and got the green card with the status E14 . My husband left the country three months later and went back home . Since then i am in USA now he is asking for divorce .If i gave him divorce do i have to go away and surrender my green card as well ??? He is not in USA but i am leaving of my own and filed tax return as separated last year. Please advise.
Reponse: Normally, nothing will automatically happen to invalidate your permanent resident status (green card) simply on account of your spouse seeking divorce and you have no legal obligation to surrender your green card. Depending on the length of your marriage – if you have a Conditional Permanent Residence, you should seek legal advice from an attorney when applying to obtain an unconditional permanent residence.
Good luck.
hi, im justine.. i am married to a us citizen for little over 2 years, the marriage was for love but before i recieved my Permanent Resident Card for my unconditional status.. the marriage is breaking a part..and we both agree for a divorce, i moved out of the house. after a months then i got my greencard. so if i file a divorce will the immigration deport me? or cancel my greencard?
thanks pls. reply..
this would really help me a lot.
No, normally, nothing will automatically happen to invalidate/cancel your permanent resident status (green card)on account of your separation or either of you seeking divorce.
I am here on a H-4 visa. My wife has a H1-B. I have an approved I-140. Will I have to go back to my country of birth if the divorce goes through. The company is doing the greencard prosess. I am still waiting for my work permit to be filed.
Thanks
Thanks for visiting our blog.
Since we do not have all the facts of your case it is hard to give specific advice. Generally, however, an I-140 is employment specific and an approved I-140 means that the USCIS has approved your wife’s employer’s petition to sponsor her for a green card and it does not as such give you any entitlement. Once your wife files for I-485/EAD/Advance Parole, then you will also be able file for your own I-485, EAD and Advance Parole.
I have been married for 2 yrs. I received my green card just 3 months a go, unfortunatly my husband and i are not doing so well and are speaking about divoce. My green card is only temporary for 2 yrs. Due to my future divoce would i loose my permanant resident eligibility?
Thanks for visiting our blog.
Normally, nothing will automatically happen to invalidate your Conditional Permanent Residence status simply on account of the divorce being filed or becoming final. Typically, 90 days before your two year conditional residence ends, you are eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. If you are contemplating a divorce you should consult an immigration attorney for specific advice about your situation.
I have been married (in Canada) for 11 years. In June 2008 I received my permanent resident card. We bought a home and moved to USA in July 2008. We have two children of the marriage, born in Canada, both dual citizens. If we separate/divorce how will that affect my green card/US citizenship? Will I have to return to Canada given the length of our marriage, but short time living in USA?
Thank you for visiting our blog.
Your LPR (legal permanent resident) status is not dependent on you being married or how long you have been living in the US (unless you have a conditional 2 year green card).
So as long as you continue living in the US to maintain your green card status you will not have return to Canada.
hello ,
I have 10 years greencard which i got on marriage basis my husband is now seeking divorce and threatening me that he will surrender his greencard which will make me to surrender my greencard as well. We have been married for more than three years and entered in USA at same time . He went back and i was here living of my own since last year and filled my tax returns as separated status . I don’t even have his name on my greencard . Please advise can he make me surrender my green card .
Thanks
Thank you for visiting our blog.
No, you are not required to surrender your green card and normally, nothing will automatically happen to invalidate your green card status simply on account of your husband filing for divorce or divorce becoming final.
I immigrated from canada and have been married to my USC husband for nine years. We’ve always lived together and we have four children together. I want a divorce. It seems to me that your previous posts say that that won’t affect my status. Is it better to apply for naturalization before I get divorced? What happens in five years when my permanent resident status needs to be renewed? Can it be renewed then even tho I’m divorced?
Thank you for visiting our blog.
That’s right– divorce in itself will not invalidate your legal permanent resident status. An application for naturalization, however, will be denied if there is any disruption to the “marital union” such as filing for divorce. So if you intend to become a US Citizen you should seek to do it before filing for divorce.
I married a Middle Eastern guy about three years ago during his deportation proceedings. With much work he finally got through the process and received his green card two months ago and left within that week for his country. I since have heard nothing from him and he has sold all our belongings and closed all jointed accounts durning my vacation when I was away. He also returned to his previous wife and four children with his huge lawsuit settlement I knew nothing about. What can I do at this time for a divorce? Will he be allowed to enter the country again to hurt and use this country again?
Thank you for visiting our blog.
Yes, he can enter the country if he has a valid green card and he continues to maintain his status. With respect to seeking divorce, you should consult a divorce attorney for help.
I have been married with my US citizen husband for about 3 years and 3 months. We married in a foreign country for love. Unfortunately we are going the divorce. I just received my Green Card Permanent like a month ago. Considering that we were married for over 3 years can I apply for citizen ship? and if yes do you think I will be declined considering that we are going to divorce?? I would appreciate your prompt response.
Thank you for visiting our blog.
You must be a green card holder for at least 3 years (since you are a spouse of a US Citizen (USC)) before applying for naturalization so If you just received your green card then you cannot apply to become a naturalized citizen right away and must wait the required length of time. Also the regulations require that your USC spouse must have been an USC during the three year period and that you must be living in marital union with the USC spouse, so filing for divorce will make you ineligible.
Hi
i got married about 10 years before to my husband ,his family was US citisineship i got my greencard by them before 8 months i got 2 kids of age 5,7 and now they want divorce from me so if i get divorce will i lose my green card,and kids?
and will i be able to apply for perminate resident or us citisineship?
pls help me
thank you
You are not required to surrender your green card and normally, nothing will automatically happen to invalidate your green card status simply on account of your husband filing for divorce or divorce becoming final. To apply for naturalization you need to be a green card holder for 3 years and be married so any disruption to the maritial union such as filing for divorce would result in a denial.
say someone got their conditional permanent residence about a year ago, & would like a divorce from their spouse because things aren’t working out (marriage was in good faith). is it still possible to remove conditions on residence after you have been divorced? & will you still receive your unconditional permanent residence?
90 days before your two year conditional residence ends, you are eligible to apply with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. Since you are contemplating a divorce you should consult an immigration attorney for specific advice about your situation. There are limited circumstances in which it is possible to remove conditions.
Hi, My brother married to a US citizen, they’ve been married since October 2006, he got his permanent green card April 2009, now she wants to move to another state that he disagree with, he just got promoted in his current job, started school and want to buy a house in his current state. now she is making his life hard, she asked him to move out which he doesn’t want to, he does love her but she is too much to handle, so he will start the divorce process as now she is drunk all the time. the question is he will finish the 3 year next April 2010 which by then the divorce process could have been started, does he have to wait more years to apply for the citizenship as a divorced is this going to result in a denial of his naturalization application or he has to wait not divorce till he got his citizenship,while living separated?
Thanks
Thanks for visiting our blog.
Your brother must be a green card holder for at least 3 years (as spouse of a US Citizen (USC)) before he is able to apply for naturalization. Divorce or filing for divorce is considered disruption of the marital union and his application for naturalization will be denied.
I am on greencard E 15 staus my husband is filling divorce and i am pregnant with my boyfriends child . My husband knows that . Can he apply to cancell my greencard on morality basis ???
Thanks for visiting our blog.
If your husband alleges that the marriage was not bonafide and based on fraud – it can be a ground for revocation of your green card. Depending on the length of your marriage and depending on whether your marriage was in good faith, the immigration authorities are not interested in investigating as to what goes on in the bedroom.
I am a permanent resident & have been married to my US citizen wife for over 4 years.We have been living together in the US for more than 3 years & have been a Green Card holder for 3 years and 1 month now, our marriage was based on love,recently our marriage is breaking a parts and both knowing that our marriage was falling apart, one day she saw me driving in the car with another woman and because of anger she falsely accused me of stealing her ex-husband’s car that I had permission to use and charged me with theft & assualt which I never touched her. I went to jail an innocent victim and it has costed me lots of stress and money to get out.Once I got out of jail she filed a annulment divorce.After all this what I have been really traumatized,scared and unfairly treated by us laws and really dont know what to do now? Will I loose my permanent residence card? Will I loose my eligibility to apply for US Citizenship?
Regards,K.
Kobe,
Thanks for visiting our blog.
To be eligible for naturalization, USCIS requires a person must be of good moral character and committing certain crimes can cause one to be ineligible for naturalization. Theft and Assault and considered crimes of moral turpitude and can be “bars” to naturalization. Unfortunately for you, having a conviction of these crimes can negatively impact your naturalization application. You may consider seeking advice from an experienced immigration attorney if you decide to file for naturalization.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
i have a greencard since 2007 however my husband and i moved back to germany but we are not longer together. i have a son thats born in the us but my husband still lives in germany(he is a american) with my son. can i live in the states without him? is my greencard still good??
Juliane,
Thanks for visiting our blog.
Yes, you can continue to live in the US without your husband so long as you maintain your green card status.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
I married to my husband in March 2009. My husband has been staying in US since 5 years. I moved to US with him in May 2009.Now he wants a divorce. We applied for the green card together in May 2009. I am not in US now.We are thinking of filing for divorce in Oct 2009 in India as marriage happened in India.I have received my work permit & advance parole as told by my husband.Will the divorce proceeding before the green card arrives affect his green card or my green card? We are hoping to receive the green card by Oct end or Nov beginning.
Hi My wife and I are married for 4 years from India. I am on H1 and my wife on H-4. My company is currently trying to file the I-140 and the I-485/EAD together under EB1 category. However, we are currently contemplating a divorce. My questions are:
(1) If I go ahead with the application and a divorce happens before it is approved will it affect the chances of approval of 1-140 or I-485 for either of us?
(2) Suppose the divorce happens after I-140 and/or I-485 are approved, will it disqualify my spouse from getting the green card and nullify her approved 1-485?
(3) Will I be able to apply for the green card for my future spouse if I were to marry again. The fact that one was already applied for my wife will have any effects? Will I have to apply separately? Would I be able to apply for her also under my EB1 status to speed up the process?
Your response will be highly appreciated.
Thanks.
Abhishek thanks for visiting our blog.
Since your employer is petitioning for you based on your employment, divorce does not generally affect you. If you have filed for divorce before your spouse is able to adjust status then it will affect her chances for a green card. Yes, there is no limit on number of times you can apply for a spousal green card, so if you re-marry you can apply for your future spouse.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Hi my name is Carmen and I’m in love with a guy who’s getting divorce, he got married with an illegal girl like 5 years ago and now she has a green card and we’re waiting for her to sign the divorce, I’m a foreigner as well and we want to get married after they get divorce. Can he get married again with a foreigner if he got married before with a different foreigner? I’m legally working here in USA and my visa expires in January 2010 and I’m going back to my country, can we still apply for a fiancée visa? Even if he was married before with an illegal? I’ll really apreciate your response! Thanks and have a good one.
Thanks Carmen for visiting our blog.
There is no restriction on marrying immigrants and your to-be fiancee is free to marry you after he divorces his present wife. It is not, however, clear from your query what the current immigration status of your to-be fiancee is and assuming he is has a valid immigration status he can apply for your fiancee visa.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk
i am married to a us citizen for 4yrs and 10mos now. i am residing here in US since november 2006. i received my conditional resident card on november 2006 and then i received my permanent resident card on june 2009. i got pregnant by other man, not with my spouse. can i apply for a citizenship now with this situation?
Hi Maria thanks for visiting our blog.
You must be a green card holder for at least 3 years (since you are a spouse of a US Citizen (USC)) before applying for naturalization so you will become eligible to apply for naturalization soon. Also the regulations require that your USC spouse must have been an USC during the three year period and that you must be living in marital union with the USC spouse, which means if you are living with another man or intending to file for divorce it will make you ineligible.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Hi!
My niece got married in Hungary two years ago to a Ukrainian-American citizen. She got her permanent card in this April when she entered the country with her new born baby who was born in Hungary. She and her husband are resident in New York city. Her husband and her mother in law are abusing her verbally. And of course her husband saying ” I am with you because the baby is mine” She is afraid that her husband may hurt her. She want divorce, but she does not know what to do. She does not want to loose her baby.
Thank you
Hi Edi thank for visiting our blog.
Sorry to hear about your niece’s situation. Normally, nothing will automatically happen to invalidate your niece’s Conditional Permanent Residence status simply on account of your niece filing for divorce or divorce becoming final. Typically, 90 days before her two year conditional residence ends, she becomes eligible to apply jointly with her U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. If, however, your niece is seriously contemplating a divorce she should consult an immigration attorney for specific advice about her situation.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Q. My husband and I got married july 2006. we filed for divorce in 2008, after we filed for divorce he applied for permanent resident. Now I know and have evidence he married me for papers, can i report him and have his green card revoked?
HI, I married my husband 8 months ago and I just obtained my green card for a month ago. I foudn out that he cheat on me and the final decision is we having a divorce. So, if after two year ( my green card will be expired) Am I able to stay in US? also, if in the two year of the green card, I fell in love with another us citizen, do we have to start the application again at that time or we have to wait until my green card expire or what should we do ? I’m very appreciated your help
Thanks.
I married a US citizen back in 1989 and I got divorced in 1991. During that time I started the process of adjusting my status, but we ended up divorcing before I was supposed to get my green card. Is it worth it or is it even possible to ajust my status based on that case?
Another alternative to adjust my status is to have my sister, a US citizen, petition me. If I follow that route, how would it affect me? I’m currently working with an expired permit and I can’t afford to lose my job since I have a child to support. Any input is appreciated.
Hi Jose,
Thanks for visiting our blog. To apply for adjustment of status you must be both eligible and admissible. For adjustment of status it is important for you to show that you have maintained your legal status. Based on your facts, if you are out of status and working with an unexpired permit, you may not be able to adjust status.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Hello, I got my conditional green card in April 2008. My divorce is final this week. I have a current girlfriend that is pregnant with my child. What is our best recourse? I’m not sure if we are ready to get married or not yet, but we have discussed since we care about each other and we have the baby on the way which is due April 26, 2010. (so happens my care expires April 4, 2010)
Hi Luis,
Thanks for visiting our blog.
Typically, 90 days before her two year conditional residence ends, you become eligible to apply jointly with your U.S. Citizen spouse for removal of the conditions and obtain an unconditional permanent residence. Based on your facts, if your divorce is final you will not be able to obtain unconditional permanent residence after your conditional card expires in April 2010. You should seek advice from an immigration attorney to explore your options for maintaining your legal status.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Hey I will like to know this:
Im marry to an .S. Citizen, we been marry for almost 4 years, Im fixing to get my green card next month!!
My question is I wanna get a divorced,
will this affect my residence¿?
can he do anything to get it avoid or somenthing like that¿?
Hello Julia,
Thanks for visiting our blog.
The answer depends on whether or not you received a conditional green card. If you have a conditional green card, then 90 days before your two year conditional residence ends, you become eligible to apply for removal of the conditions and obtain an unconditional permanent residence but this must be done jointly with your US Citizen spouse. So if you have divorced by then you will not be able to get an unconditional permanent residence. If you received an unconditional green card then the above restriction does not apply.
Hope this helps.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
I have a question? I was married to a us citizen in 2006. I came to usa in 2007, and went to city hall married the day after. But unfortunately the marriage won’t last. My ex-husband filed the divorce a week later the married date. I was applying for the Social Security, I received it, but I lost it. I also lost all of my original documents when I came to the usa. Such as my original passport, visa, Social Security card, and everything else. Am my still be eligible to apply for my green card, even if I do not have that documents? And Also how can I be able to re-apply all of my documents if I don’t have any original documents? I have been here for almost three years in february 2010. Am my a legal resident here yet? of I am out of status? But I was married here usa already and also received SS# too. Am my legally yes or no? What can I do in order for me to become legally us resident and apply for a green card. I was also received the temporary card for work petition too. Do I still need my ex-husband for all of the paper work, or I don’t have to have him help me? I am appreciate if you are sending me an answer, thank you
Hi Elenny,
Thanks for visiting our blog.
Initially, it is recommended that you try to obtain all the original documents, particularly your social security card and your passport. You can go to the local Social Security Office and apply again and contact your embassy to apply for your passport. You will need copies of these documents for applying for a green card. Whether you are lawful as yet or not would depend on the visa status you entered the US and whether you ever applied for a green card based on your marriage.
Hope this helps.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Hello, My husband and I have been married for 2 years and 4 months. Hes from scotland and I am a US citizen born and raised in LA. We met in High School and we fell in love and married. However, we have come to discover that we are unhappy in our relationship and marriage is not the life we want. We married because we were in love and I had no idea he didn’t have papers until 2 weeks before our wedding. We have been to one interview which was Feb 2007 and we are told we have one more around Feb 2010. We want to both file for a divorce but we are not sure if this will conflict his immigration situation. Should we wait till our second interview or is it ok to file for divorce now? Please give me some answers!! I would highly appreciate it. Thanks.
I married in September 2007, got my green card in December 2008. I have a child through the marriage,and am expecting another child with him, but I am very unhappy with my husband. He is a bully and attacks everything about me all the time. I want a divorce. Will applying for a divorce at this stage, hurt my immigration status. Thanks
Hello Sharm,
Thanks for visiting our blog. The answer depends on whether or not you received a conditional green card. Assuming, you have a conditional green card, then 90 days before your two year conditional residence ends, you become eligible to apply for removal of the conditions and obtain an unconditional permanent residence but this must be done jointly with your US Citizen spouse. So if you are contemplating divorce, then you will not be able to get an unconditional permanent residence. If you received an unconditional green card then the above restriction does not apply.
Good luck.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
My mother who recently received her 10 yr green card this year 2009 along with my younger brother is a bit weary of my stepfather divorce proposal. I would like to know the following.
1. Can she still apply for Citizenship despite of the divorce and for having a 10 yrs GC?
2. Can you give us guidance what will be the best way on handling this type of cases?
3. Does she have the same rights like any others Americans on Divorcing process especially for regular marriage without pre-nuptial agreement?
Ex: Properties,Alimony,Disruptions,Medical Benefits and such?
Im glad i can across your blog and found it very helpful.
Thanks
Eric
Hello Eric
Thanks for visiting our blog.
Yes, your mother should be able to apply for her naturalization (citizenship) after being a green card holder for five years and divorce should not impact her ability to apply for citizenship. As for guidance on the divorce process, etc. , it is suggested you contact a divorce attorney.
Good luck.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Thanks, great website, I am glad there’s sources like this.
Question, me and my wife have been living together and in this relationship for 2 years and a half and we are married for 1 year and a half, turns out we are having HUGE issues, not in my side, but she treated me to divorce and cancel our petition.
I have the 2 years conditional residence card for 6 months already and it goes for 1 year and a half more so I can apply for full residency, our relationship is based in love and we have been living together for all this time, our differences are to bad to overcome and it seems there’s no hope, even though I don’t want us to divorce (I am not cheating neither she is, we are just terrible together lately).
I am afraid I will lose all I have because the mortgage and all the stuff in our house -including my debt- it’s in my name, I am a business owner and I do very well, I have a child from my ex wife that I support and love.
Is there anything to protect me so I don’t lose my process to become a full time resident/citizen? or am I really screwed … I have been in the US for 9 years and a half, been 6 under a non legal status (although I pay all my taxes and do everything right for all this years) prior my marriage … I am very concern and devastated, please advise.
O.
Thanks for visiting our blog.
Since you have a conditional green card, you need to wait 90 days before your two year conditional residence ends, and that is when you become eligible to apply for removal of the conditions and obtain an unconditional permanent residence but this must be done jointly with your US Citizen spouse. So, if you divorce by then you will not be able to get an unconditional permanent residence and this can jeopardize your stay in the US when your conditional green card ends in a year and half. So your options are to stay married until you obtain an unconditional green card or then be able to transfer to another visa legally.
Good luck.
All information provided is for general informational and education purposes only as a service to our readers and based upon our understanding of the law and facts as we see them. We do not assume any liability and it does not constitute legal advice. Please use at your own risk.
Here is the story, I been married to a US Citizen since 2004. I was on an H1B visa, and in 2007, finding a better job with my immigration status was difficault even though I have a graduate degree. So me and my wife have decided its time to apply for my green card and my Us citizenship and so we did in 2007.
In 2008, I recieved my Permenant Green card which will expire in 2018.
Lately, the marriage has been extreamly rough and things happened between us that calls for a serious considiration to continue the marriage or not.
we have decided to seek outside help such as marriage cons. but things are still not progressing to the best…
Here is the question, If things got worse and a divorce has been decided . . . what sort of effect will that have on my permenant green card and my chances of applying for a US Citizenship??
and, I welcome a lawyer that will assist me with my case.
Thanks,
My ex husband and I married in June 2004. I was granted permanent residence on October 2005. We separated in June 2008 and our divorce was approved in July 2009. Am I eligible to apply for naturalization based on the 3 year rule or do I have to wait until Octobe 2010 which will be my 5th year of being a permanent resident?
Thank you.
Hi,
My husband and I have recieved our Permanent Residnet card last year (good for 10 years). My husband was a sponsored by his job. We both filed together and recieved the cards at the same time. We have been married for over 6 years and have an 18 month old child. We would like to get divorced. Can I lose my greencard? will I be able to apply for citizenship after 4 years? or can I renew my greencard before it expires? (When we filed for adjusment of status I was a dependent)
Thank you for your help.