If you’re going through a divorce with a green card, you probably don’t need to worry about it impacting your U.S. resident status.
However, this all depends on what kind of green card you have and the circumstances under which you obtained it.
Let’s break it down.
Note: It’s imperative to consult an immigration lawyer before making any big decisions that could impact your green card status.
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Types of Green Cards
You may obtain two types of green cards through marriage: a permanent renewable green card OR a conditional two-year green card.
A permanent green card is valid for 10 years and is issued to those who have been married for more than two years.
A conditional green card is issued to those who have been married for less than two years.
Once you’ve been in the US for two years, you may apply to have these conditions lifted.
Divorcing With a Permanent Green Card vs. Conditional Green Card
Generally, divorcing with a permanent green card is less impactful on your resident status than divorcing with a conditional green card.
To renew your permanent green card, you simply file an “Application to Replace Permanent Resident Card” (Form I-90). No proof of marital status is required to renew your card, so it’s irrelevant if you are divorcing or divorced.
Divorcing with a conditional green card can be trickier. You can only obtain your permanent residence status after two years if you prove you’re still married to your partner. Therefore, you’re ineligible for a permanent green card if you divorce before reaching the two-year mark.
What Can I Do If I’m Divorcing With a Conditional Green Card?
If you’re divorcing with a conditional green card, you have the option to submit a waiver (Form I-751) that removes the conditions. During this process, U.S. Citizenship and Immigration Services (USCIS) will closely examine your application to determine the legitimacy of your marriage.
You must prove that your marriage was genuine (and NOT that you married for a green card, AKA immigration fraud).
This involves submitting detailed evidence of your relationship, like proof you lived together and joint financial records, and a written statement explaining why you’re divorcing. The more information, the better.
If the divorce is not yet final, you’ll also need to provide evidence of the divorce proceedings.
In summary, it’s still possible to maintain your green card when divorcing with a conditional green card, but you’ll have to put in more legwork to prove your intentions were pure.
Making Your International Marriage Work
Divorce is complicated enough without the stress of green cards and resident status.
I recommend setting a solid foundation for your international marriage by prioritizing deep conversations about money, family, and future dreams, even when they feel challenging or complicated.
Check out my Talking Money guide to get started, or book a consultation call today. I’m committed to giving couples the tools they need to have a long and happy marriage, no matter their background.