What Happens to Your Marriage-Based Green Card When You Divorce?

Receiving a green card in the United States often hinges on being married to a U.S. citizen or a lawful permanent resident. When the marriage doesn’t work out, it can significantly impact your immigration status. If you are considering divorce and are a green card holder or your ex is, there are several key things to keep in mind.

Will you lose your green card if you file for divorce?

A green card is a legal document that provides a person with the right to live and work within the country. There are various factors that can impact your green card status, such as committing a crime. Divorce is one of the factors that can also play a role in your green card status.

You may no longer maintain your green card in some situations. For example, if your divorce happens prior to being approved for a green card, you may not receive it. Also note that if you get a divorce after you receive your green card but before any conditions on it are removed, that can also factor into your immigration status.

Divorcing after you have a green card

It is often the case that the government will issue a green card to a person who has been married for under two years with conditions. The condition is typically that you will remain married to the person who sponsored your entrance into the country.

If you have moved beyond that two-year timeframe and taken action to have the conditions removed from the green card, it is no longer going to impact your ability to remain in the US in most situations. If you want to remain in the US but you have a conditional green card, divorce could impact your immigration status. In some situations, your attorney will encourage you to file Form I-751, which is a petition for a waiver of joint filing requirements. Under US law, if you have a conditional green card, your spouse must petition on your behalf for filing requirements. The waiver is the first step in moving forward with the divorce without having the cooperation of your ex.

The more challenging aspect is what comes next. You must show that you entered into the marriage in good faith and that you did not get married just to get a green card. You have to show you planned to remain married to the same person for the long term, with no plans to divorce in the future. That can be hard to do if you have only been married for under two years.

Types of evidence that may help you keep your green card

When you work with our divorce attorney in Knoxville, you will learn more about the types of evidence and proof you can use to help establish that you entered the marriage in good faith. Some examples that may apply include:

• Proving that you share children. Birth certificates or adoption certificates can help to demonstrate this.
• Prove that you combined your finances. That means your name is on bank statements, and both parties are listed as beneficiaries on each other’s life insurance policies.
• Prove that you lived together during the marriage. This includes leases or a mortgage in both of your names. Submit copies of both driver’s licenses with the same address. You can also use utility bills with both names to help show this.
• Prove that you lived as a married couple. This is more of an open-ended element, but you may be able to show you had a wedding celebration and that you were seen in public together after the marriage took place. Do you attend the same events, go on the same vacations, and spend time together?

Providing substantial evidence, not just statements, is crucial. This process can be complex, making the guidance of a divorce attorney invaluable.

You have a 10-year green card

If you have been able to receive a 10-year green card, such as after having conditions removed, you typically do not have to worry about immigration requiring you to leave after a divorce. Instead, you can maintain your green card permanently, or you can choose to move towards obtaining US citizenship. However, even as a citizen, your status could be revoked if it’s proven that your marriage was not in good faith.

If you are facing any of these questions or others, it is imperative that you seek out the help of an attorney before you take action to file for divorce.

We do not recommend remaining in a marriage if you are suffering or at risk. Instead, seek immediate help from our divorce attorney in Knoxville. Let us offer solutions to your specific situation. At LaFevor & Slaughter, we care about your long-term success and want to help you navigate this more challenging area of the law in Tennessee. Call our office or submit our contact form today to schedule a consultation.