If you have been approved an unconditional resident status before divorcing your spouse, then the divorce won’t affect your U.S. residency. Before making a decision on your application, the immigration authorities prefer (with a few exceptions) to meet the applicant in person. After Form I-130 Approval. If you are the holder of a conditional green card and are getting divorced, you may understandably be concerned about your permanent residency status. The marriage-based green card interview can happen in several of the stages of your residency in the U.S. On the other hand, there are states that will not officially deem your separation as a precursor of divorce – and regardless of the separation, you might still be given your green card. The process begins by acquiring a K-1 visa, which allows you to move to the United States with the intention of marrying a United States citizen within 90 days- you can read more about eligibility requi… This would be exceedingly unlikely if the residency application was made while in the U.S. (termed adjustment of status), as the U.S. spouse will be … Ordinarily, if you are married to a U.S. citizen, it takes just three years to be eligible for citizenship after the issuance of your marriage-based green card. Divorce Before Your Conditional Green Card Application Interview, Divorce After Conditional Green Card Interview. Green card Conditions, Green Card Interview. If the marriage ended within two years of granting the conditional permanent residency, the non-U.S resident is at risk of losing the green card. In some states, formal separation may become a divorce after given a period of time. For example, records of sessions you had with a marriage counselor. By knowing these differences, you will know exactly what step you should take next in your green card application process. However, you will need to prove that you entered into the marriage with good faith and that you weren’t just looking to get a green card. As a result, separation does not automatically lead to a denial of your permanent residence application. In addition, if you have children together, showing pictures and additional proofs will also help convince the USCIS officer. The promise of permanent residence and work opportunities can bring a sense of security and makes the future seem bright. The divorce dissolves the relationship that made the spouse eligible. No prepayment penalty. Knowing the specifics attached to each case will help you make an informed decision regarding your green card application process. You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement. The extension will help you maintain eligibility to live and work in the U.S. and travel abroad while you wait for the final approval of your green card conditions removal. You must file your Form I-751 during the 90-day period immediately before your conditional residence expires if you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse. There is much more information about the green card process than we can cover in one blog post, since there are so many scenarios that can arise when a marriage ends and immigration issues are involved. All Rights Reserved. If the immigration judge decides to remove you, you may appeal the decision of the judge within 30 days after the verdict. Before this 2-… Tags: In cases of non-cooperative spouses like this, you may choose to wait till the divorce is complete before filing the waiver. For divorce before submitting form I-751 showing properties you and your K2 children may lose immigration rights and leave US! 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