How To Get Green Card As A Divorcee In The United States

Introduction

Going through a divorce can be really tough and stressful, and most folks would rather avoid it. Even though many couples try their best to keep their marriage together, sometimes things just don’t work out. A divorce can really take a toll on your finances and social life, especially for people who are new to the country or trying to get their green card.

While divorce is never easy, it can really mess with your immigration status, depending on your situation. Many immigrants are understandably worried about how a divorce might affect their chances of getting a green card.

Your immigration status can be impacted by a divorce, but it really depends on where you were in the green card process before splitting up. If you already have a green card, a divorce won’t change much, but it might slow down your path to citizenship. But if you have a conditional green card, getting a permanent one could be a bit tougher after a divorce.

Basically, how a divorce affects an immigrant spouse really depends on both partners’ immigration status when they separate. If the divorce is finalized before the immigrant spouse can apply for permanent residency, it can really complicate their immigration situation and future in the US. If you are dealing with a divorce while navigating the immigration process, it is super important to take the right steps to secure the best outcome for you and your family.

If you are married to a US citizen and trying to get a green card through your marriage but are facing a divorce or separation, it is really important to understand what this means legally and what could happen next. You can scale through this by talking with an immigration lawyer in Jamaica.

Are you worried about what could happen if you get divorced before getting your green card? Or do you need proof of your marriage for immigration stuff? This post will help you get the answers you need and more.

Comparing divorce with separation

Divorce and separation can be a big deal when it comes to getting a green card, and there are some key differences between the two. Knowing the ins and outs of each situation can help you make the best choice for your green card application. An immigration lawyer in Jamaica can help you spot the difference.

Divorce happens when a court officially ends a marriage. Separation, on the other hand, is when a married couple decides to live apart, usually because of issues in the marriage. With a divorce, the marriage is over, but during a separation, the couple is still legally married, just not living together.

Sometimes, separation can be formalized with a court-approved agreement, which means the couple has chosen to pause their marriage and live separately. In some places, separation can be part of the divorce process, but until the court finalizes the divorce, the marriage is still recognized legally.

Divorce laws can differ from state to state, so it is important to know what the rules are where you live. In some states, if you are separated for a while, it might automatically lead to a divorce.

From an immigration standpoint, as long as the marriage is still intact, the couple is considered legally married. This means that the non-citizen spouse might still be able to get a green card even if they are separated. An immigration lawyer in Jamaica can tell you more about the intricacies of this situation.

However, there is a twist: if they live in a place where legal separation automatically leads to divorce after a certain time, then the non-citizen spouse might not qualify for a green card post-divorce under those same rules. Get to know if this applies to you by speaking with an immigration lawyer in Jamaica.

Divorce scenarios in the green card process

Divorce can happen in a few different situations:

1. After you apply for permanent residency but before you receive your green card.
2. After you get your conditional green card.
3. After you remove the conditions on your green card.

In the first case, your immigration process comes to a halt. This usually means that you can’t apply for a green card once you are divorced, which could even lead to deportation. If you get divorced after you have received your green card, your risk of deportation goes down, but you could still face some legal issues that could affect your immigration status. It is always a smart move to let an immigration lawyer in Jamaica assess your situation.

Green card concerns after a divorce

When immigrants get divorced before they can secure permanent residency, it can lead to some legal issues, like losing their immigrant visa. If a divorce happens before getting a green card, the immigrant may lose their legal status in the US and have their visa canceled.

If their visa gets canceled, they could be sent back to their home country, which might mean facing deportation. Getting a new visa later might also be tough. But getting an immigration lawyer in Jamaica may ease things up for you.

Divorce can affect your permanent residency application in different ways. For example, if you get divorced before your petition is approved, you might have to change how you go about the petition. This could mean filing a new petition or finding a new sponsor.

If you get divorced before getting a green card, you might have to take an immigration marriage test. This test checks if you and your spouse didn’t get married just for immigration benefits. There might also be an investigation to confirm your marriage was legit. You can ace this test with the help of an immigration lawyer in Jamaica.

Divorce before getting a green card

If you have already applied for a green card, then your application is in progress. But if you get divorced before your green card is approved, your status will depend on your entry situation.

Your application status will vary depending on whether you are the main applicant or a dependent. As the main applicant, you can keep going with your green card application if you qualify for an employment-based visa. But if you are a dependent, you can’t continue because you are no longer the spouse of the main applicant, which is the only way to qualify for that visa.

Getting a conditional green card after a divorce can be tricky, so it is best to get help from experienced immigration lawyers in Jamaica. If you are considering marriage immigration, let us take care of it for you.

Divorce before the two-year conditional green card ends

Usually, you need to show that you and your spouse are still married to apply for a green card after two years as a conditional resident. This is called a joint petition, meaning both you and your spouse need to fill it out together. If you don’t apply before your conditional status runs out, you could end up facing removal.

If you are not married by the time you switch to a green card, the process gets more complicated. USCIS might doubt the authenticity of your marriage since it didn’t last long. You will have to prove that you didn’t commit marriage fraud to get your green card. Plus, you will need to ask USCIS to waive the joint petition requirement, which means you can still submit a joint petition but file it separately. The process is complex, and your best bet is to ask an immigration lawyer in Jamaica to help you.

Get help!

If you are going through a divorce that impacts your immigration status, it is really important to be upfront with immigration officials. Otherwise, it might look like you are trying to pull a fast one on your spouse.

At Gehi and Associates, our immigration lawyers know a lot about this stuff and can help you figure out the best steps to take for your situation.

Get in touch with us today for a free initial consultation!