Can you get a Divorce if You have a Conditional Green Card?

Can you get a Divorce if You have a Conditional Green Card?

What if you have a 2-year Conditional Green Card and you want to get a divorce, but have filed a Form I-751, or will be filing one? Can you keep the Green Card (getting the permanent 10-year Green Card)? Can you get a Waiver of the joint filing requirement?

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Malik asks: “If you got divorced while having a temporary Green
Card, is it still possible to get a permanent resident Green
Card?” This is a really good question.
It’s probably one of the worst areas of immigration law because
the way they’ve made it is really bad, but the question, the
issue here, is if someone is getting a Green Card through
marriage. If the marriage is rather new, less than two years
old when the Green Card is issued, then the person who gets
the Green Card, the Foreign National, gets what’s called a
Conditional Green Card. It’s only valid for two years
and before that two years is up,
they have to file another application with a spouse to show
that their relationship is real and to document it.
But sometimes in that two years people get divorced or separated.
What happens then? Well you can still keep it.
First of all, you could submit it alone and say, you know,
my relationship was real here’s a proof but things didn’t
work out or there’s waivers.
For example, if there was abuse from that spouse and you can
show it, you can get a waiver or if there’s a reason why going
back to your home country would be really troublesome
and problematic here’s a waiver for that as well.
Now if you want, if you don’t have the abuse or the trouble of
going back to your home country, you could file a alone, but
you have to be divorced for them to approve the case.
So if you know, submit one of these cases and you’re in
the process of getting divorced or separated, they cannot
approve the case until your divorce is finalized and that
becomes a timing issue. For example in California,
It takes a minimum of six months to get divorced.
Sometimes people get in fights and argue over money, it could take
longer, and you should talk with the family attorney to see
if there’s a way to make that faster but if you don’t get that
final divorce when a decision is made or an interview has
called for the Removal of Conditions,
potentially they could deny the case right there.
So it’s a really bad timing situation
so the sooner you talk with an immigration lawyer, the better
it is to figure out how to deal with that, how to get some
more time, buy some more time for the divorce to go through
and also how to document that relationship is real because
they’re really strict on this.
They want to see as much paperwork and explanations as possible
to be able to prove the case when you’re filing as a divorced
person or a person separating, as opposed to filing jointly as
you know a happily married couple. That’s a really troubling area
of immigration law because the way they’ve done is really
harsh on the applicant but it is possible,
I’ve done many times where people just doesn’t work out relationships
and they apply on their own and it works out just fine.
So I hope that information helped.

7 Comments

  1. divorced after I got the condiction green card, right now I’m in the process of removing my condition green card and applying for my own green card by approving the marriage was real. However, I had a few documents need to get from my EX husband and he refused to give me. What can I do for that? Can I send him a lawyer’s letter for it? ( we don’t have kids and I didn’t get abused)

  2. My partners ex told me he was getting his green card while they were married how do I find out if he got it I’m pregnant and I’m worried he can take my child and leave

  3. i have my parents they r green cards hollders they were out the usa for more then 2 years they gonna come back to the usa next week are they going to let them back in or no what they should do before coming back

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