Divorce is a stressful and complicated process for most couples, especially when you’ve obtained your green card on the basis of your marriage. Green card and divorce is a complicated matter, about which people are not much aware of. The question that arises is, what will happen to your green card (official permission to live and work in the US) if you face a divorce? This article will discuss the possible scenarios, as well as some questions that you should take into consideration if going for a divorce.
When we talk about green card and divorce, the first question that arises is whether you have a conditional green card or a permanent one? Considering that you have a conditional green card, through which you are basically allowed to live in the US for 2 years and then you have to apply for the permanent green card. In case you go through a divorce in this time period and have not received your permanent green card, it would result in deportation.
However, if you have a permanent green card, it actually offers additional security because your case is now not under any consideration or investigation with the US Citizenship and Immigration Services (USCIS).
In a case when your divorce has been finalized, and you wish to apply for permanent citizenship in the US, your case will again be investigated and you will be asked for proof regarding your marriage. In such cases, many people fear that their marriage would be considered as fraud, used only to obtain a green card in the US. In such cases, your application for citizenship will be denied.
Another question that people usually ask when discussing green card and divorce is: if they’ll be able to apply for a permanent green card after the finalization of divorce?
Individuals are allowed by the US Citizenship and Immigration Services (USCIS) to apply for the permanent green card, even after the finalization of their divorce. You could smoothly go for a permanent green card if you can prove to the authorities that you entered your marriage with a good purpose and not a fraudulent one. You will be asked to provide proof that your relationship with your partner, has been a good one and you intended to be with them.
Furthermore, they can also ask you to provide documents and proof that you tried to remain with your partner, for example, records of going through a marriage counseling session.
If you’re going through a divorce, you need to be prepared with all the documents if you wish to stay and work in the US. Documents such as therapy records, any evidence of your relationship with your kids or any records of marriage counseling sessions can be considered as important.
Green card and divorce can be a complicated situation, therefore, it is best that you be prepared and seek the right help in order for your permanent green card process to be carried out smoothly and effectively.