In this article we will talk about the way how to obtain the Green Card through Marriage with U.S. spouse. We will answer on the worrying questions: Can a permanent resident lose the Green Card after divorce? And what are the circumstances under which divorce can lead to cancellation of permanent residence, and even withdrawal from the U.S.?
In the beginning, it is necessary to mention about the green card. It is an immigrant visa or legal permanent residence, and it allows you to live, work and study permanently in the United States with many rights as a permanent resident. Married couples with one American citizen and one non-American citizen in general have the right to apply for a green card for the non-American citizen to have the married couple living together in the United States of America. In most cases if the alien spouse has underage and unmarried children they are also eligible to apply for a green card as step children through their American Citizen step parent.
The process of obtaining the Green Card through marriage is complicated and involves multiple steps. You have to submit support documentation to prove that you are eligible to apply for a green card though marriage. In terms of the application the American citizen will be sponsoring by filing a petition for his foreign national wife or husband. The petition can be filed in the U.S. or in some limited cases the green card through marriage petition can be filed abroad. There are several requirements for both the sponsor and the green card applicant. Once the petition for an immigrant visa is approved them there are many other steps in the process including apply for the actual immigrant visa at a U.S. consulate abroad, or if the foreign spouse is present inside the U.S. then it is possible to adjust status to change from a non-immigrant visa into an immigrant visa that will give the right to live in the U.S. and obtain a green card.
Unfortunately, a divorce can make a problem for your marriage. It depends on what phase of the application process you are in, and also what green card do you have: a conditional or a permanent resident card. If your marriage was less then 2 years at the time of your interview, then you must have received a conditional green card, and if your marriage was two years or m
ore at the time of interview then you must have received permanent residency.
If your marriage ends in divorce at the stage of submitting the application for an immigrant visa or green card, you will not be able to take further steps toward U.S. immigration.
If you have conditional green card, then you need to remove the conditions on that before it expires, if you do not then you will be deported. In order to remove the conditions, you and your spouse need to fill in the application I-751 with the USCIS service center which has jurisdiction on you.
But, if you have already received permanent residency at the time of interview, then you do not need to file any other application with USCIS anymore. Once you are granted permanent residency, getting a divorce would not affect in any way to your permanent residency.
U.S. immigration laws make clear that only real, valid marriages qualify an immigrant for a green card. But if your marriage will get annulled, USCIS may assume that you have defrauded them, and then it means that there was never a valid marriage and then your permanent residency would be taken away and you will be deported.
Keep in mind, it’s better to safe your relationship and prevent the marriage from divorce!
To learn more about the process of obtaining the Green Card, visit our website http://www.usimmigrationapplication.org/green-card/green-card-marriage
