How Divorce Can Affect the Immigration Process

How Divorce Can Affect Your Immigration Process

Going through a divorce is emotionally challenging under any circumstances. When immigration status is involved, the situation becomes even more complex and stressful. Many individuals who obtained or are seeking to obtain a green card through marriage worry about how their changing marital status will impact their ability to remain in the United States.

The relationship between divorce and the immigration process is nuanced and depends heavily on timing, the type of green card involved, and the specific circumstances of your case. Understanding these factors can help you make informed decisions and take appropriate steps to protect your immigration status.

Alvelo Immigration Legal Solutions, PLLC, will provide clarity on how divorce affects different stages of the immigration process, from pending applications to approved green cards, and explain when legal intervention may be necessary to safeguard your future in the United States.

Understanding Immigration Through Marriage

The process of obtaining a green card through marriage involves several steps and requirements designed to verify the legitimacy of the relationship. When a U.S. citizen or permanent resident petitions for their spouse, they must demonstrate that their marriage is genuine and was entered into in good faith.

For marriages to U.S. citizens that are less than two years old at the time the green card is approved, the foreign spouse receives what’s known as conditional permanent residence. This conditional status lasts for two years, after which the couple must jointly file to remove the conditions and obtain a permanent 10-year green card.

Demonstrating a good-faith marriage is crucial throughout this process. Immigration authorities look for evidence that the couple intended to build a life together, including joint financial accounts, shared living arrangements, combined insurance policies, and other indicators of a genuine marital relationship. This documentation becomes even more important when divorce enters the picture.

Impact of Divorce on Pending Green Card Applications

When divorce occurs before a green card application is approved, the consequences can be severe. Generally, if the marriage ends before USCIS decides on the petition, the application will be denied or terminated. This is because the basis for the immigration benefit — the marital relationship — no longer exists.

However, the situation isn’t always hopeless. If you can prove that your marriage was entered into in good faith, you may be eligible for certain waivers or alternative pathways. The key is demonstrating that, despite the divorce, your original marriage was legitimate and not entered into solely for immigration purposes.

The documentation required to prove a good-faith marriage can include bank statements showing:

• Joint accounts
• Lease agreements with both names
• Insurance policies listing both spouses
• Photographs from the relationship
• Testimony from family and friends
• Evidence of any children born to the marriage

Gathering this evidence promptly after learning of the divorce is crucial for building a strong case.

Impact of Divorce on Approved Green Cards

The timing of your divorce after your green card approval significantly affects your immigration status. If you divorce after obtaining a 10-year green card, your permanent resident status typically remains unaffected. You can continue living and working in the United States, and the divorce alone won’t jeopardize your immigration status.

However, if divorce occurs while you hold conditional permanent residence, the situation becomes more complicated. Conditional residents must normally file Form I-751 jointly with their spouse to remove conditions on their green card. When divorce happens during this conditional period, you’ll need to file Form I-751 with a waiver of the joint filing requirement.

This waiver process requires substantial evidence proving that your marriage was entered into in good faith, even though it has since ended. You’ll need to provide documentation similar to what’s required for pending applications, but with additional focus on the circumstances surrounding the divorce and your continued eligibility for permanent residence.

The waiver process can be lengthy and complex. During this time, your conditional status is typically extended, allowing you to remain in the United States while USCIS reviews your case. However, travel outside the country may be restricted, and you’ll need to maintain proper documentation of your extended status.

Considerations for Future Citizenship Applications

While divorce after obtaining a green card doesn’t revoke your permanent resident status, it can affect your path to citizenship. Normally, spouses of U.S. citizens can apply for naturalization after three years of permanent residence. However, if your marriage ends before you reach the three-year mark, you may need to wait the full five years required for other permanent residents.

The good moral character requirement for citizenship can also be affected if there are allegations of marriage fraud or other complications related to your divorce. It’s essential to maintain clear documentation of your good-faith marriage and handle your divorce proceedings appropriately to avoid any negative impact on future citizenship applications.

Move Forward With Your Immigration Process

At Alvelo Immigration Legal Solutions, PLLC, we understand that the immigration process can be overwhelming, but you don’t have to face it alone. Here, you’ll receive personalized service and individualized attention tailored to your specific needs. Our office is led by attorney Wanda Alvelo, who is fully bilingual in Spanish and English. This means you can communicate directly with her, without the need for interpreters, ensuring that your concerns are fully understood and addressed.

With a strong background in handling complex immigration cases and a deep understanding of immigration law, we are here to guide you every step of the way. Whether you want to adjust your legal status, reunite with loved ones, or protect your rights, we are committed to working with you to achieve your goals. Attorney Alvelo values the personal connection with her clients, understanding that each case represents a unique story and a future full of possibilities.

At Alvelo Immigration Legal Solutions, PLLC, your future is our priority. Let us help you turn challenges into opportunities. Contact us today to schedule your free initial consultation and take the first step in your immigration process.