If you divorce before you apply, then you have to wait the full five years that a non-marriage green card holder would.
Can I lose my green card if I get divorced?
The vast majority of green card holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card.
How long do you have to stay married to keep your green card?
Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
What happens if you divorce after green card marriage?
Green card holders are usually unaffected by a divorce when they file another application or petition with U.S. Citizenship and Immigration Services if they are already a lawful permanent resident with a 10-year green card. There is usually no reason for USCIS to reevaluate your petition after a divorce.
Will a divorce affect my 10-year green card?
If you have a 10-year green card, a divorce should have very little effect on your immigration status. You are not going to automatically lose the green card because of the divorce. … USCIS usually finds out that your marriage ended in a divorce when you apply for U.S. citizenship or naturalization.
Can I cancel my spouse green card?
In a typical Green Card case, if the couple has been married for less than two years then the U.S. citizen, spouse and the immigrant have to file another form at the end of the two years or actually right before the end of the two year anniversary of the Green Card and they have to ask to get the conditions removed.
How does USCIS verify divorce?
USCIS will determine the validity of a divorce for immigration purposes by examining whether the state or country where the divorce was issued had proper jurisdiction. … Other common issues are customary consent divorces issued at home without formal approval or recognition by the government.
How do I divorce a non U.S. citizen?
If you are divorcing a noncitizen within two years of the marriage, your spouse may lose their residency status. Noncitizens must typically apply for a termination waiver if they still wish to pursue citizenship. Both parties must sign this document and show that they entered the marriage in good faith.
Can divorce affect my immigration process?
A divorce may make it harder to become a permanent resident, but it is still possible. … If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. However, the divorce may force you to wait longer to apply for naturalization.
Does adultery affect green card?
Yes. If you have had an extramarital affair within the Good Moral Character period that is required in order to naturalize (usually the past five years), it is possible you might not qualify for U.S. citizenship.
Will I be deported if I get divorced?
Divorcing while undocumented
Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.
Do I need to notify USCIS of divorce?
The divorce decree must ultimately be submitted to immigration authorities with the Form I-751 to remove the conditions on your residence, which you will also want to accompany with a request for a waiver of the requirement to file a joint petition.
Can a green card holder get alimony?
According to U.S. immigration law, the contract remains intact, even if a couple divorces. The only way an obligation to support ends is if the sponsored immigrant becomes a U.S. citizen or is employed for ten years and pays into the Social Security System—neither of which applies to the case at hand.
How do I get a permanent green card after divorce?
To receive a permanent green card, you are required to file the I-751 Petition to Remove the Conditions of Residence. Both you and your new spouse must sign it and mail it within 90 days to the USCIS prior to the date your conditional green card is issued. However, not all marriages make it the entire two years.
Can you get divorced before 2 years?
While the proposals have been approved, there is currently no date for their implementation, meaning couples are still required to wait for two years to divorce, unless they can cite the reasons mentioned above. If you decide to wait for two years to divorce, you can do so as long as your spouse also consents.