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. In this case, you would need to wait five years, rather than three.
Does divorce affect immigration status?
If the immigrant is already a permanent resident when the marriage ends, divorce will have no effect on the person's immigration status . However, if and when the person applies for naturalized U.S. citizenship, USCIS could take another look at whether the marriage was real in the first place, as described next.
Can a green card be revoked upon divorce?
In the event of a divorce, the U.S. Citizenship and Immigration Services (USCIS) may review the validity of the marriage. Fortunately, just because you are divorced doesn't mean your efforts to obtain a green card automatically end . Immigration officials understand that a real marriage can also fall apart.
Will I be deported if I get divorced?
The lives of most divorcees change once a marriage ends and the divorce is finalized. ... However, if you divorce before your joint application for full residency is filed, you could lose your status and face deportation .
How long do you have to stay married for green card?
USCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage. Check out this article for more information on how to apply for a Marriage Green Card.
What happens if I divorce before 2 years?
But if you divorce (or your marriage is annulled) before the two years have passed and you want to continue to live in the U.S., filing this petition jointly with your spouse will be impossible . You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement.
Can a deported person come back legally by marrying a citizen?
Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted. ... You must also have an underlying available immigrant visa.
What happens if one person doesn't want to get divorced?
If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court . Mediation will be a waste of time because your spouse won't participate. ... Eventually, though, the judge will grant you a divorce by default. All of this will take time and cost money.
Can I lose my citizenship if I divorce?
If you get a divorce during this time, you will have to wait five years instead of three to file for citizenship. After five years, divorce does not affect your eligibility because eligibility does not depend on marriage. The USCIS will not automatically assume that divorce equals a false marriage.
Can my wife stay in the US while waiting for green card?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. ... Your spouse may wait abroad for immigrant visa processing.
Can I work while waiting for my green card?
If you already have a valid work visa, such as an H-1B or L-1 visa, you can continue working in the United States even while your green card application is being processed . ... For relatives of U.S. citizens, the work permit application is typically filed as part of the initial green card application package.
How long do you have to stay married for citizenship?
As a permanent resident who is married to a U.S. citizen, you may be eligible for naturalization after just three years . This is a significant benefit (as it normally requires five years as a permanent resident before applying for citizenship).
Can husband and wife live separately without divorce?
When you live apart from your spouse without intending to reconcile but you are not divorced, you are considered permanently separated . ... Once you're separated and have made basic agreements about your joint assets and debts, you don't have to divorce right away.
What should you not do during separation?
- Keep it private. The second you announce you're getting a divorce, everyone will have an opinion. ...
- Don't leave the house. ...
- Don't pay more than your share. ...
- Don't jump into a rebound relationship. ...
- Don't put off the inevitable.
How can you avoid deportation?
- you must have been physically present in the U.S. for 10 years;
- you must have good moral character during that time.
- you must show “exceptional and extremely unusual” hardship to your U.S. citizen or lawful permanent resident spouse, parent or child if you were to be deported.
