Notification by the USCIS that you have failed to remove conditions on your permanent resident status as expected. Failure to do so may result in: However, if you can prove in writing to the director at the appropriate USCIS center that you have a genuine reason for not filing for a waiver before the expiration date, you may be allowed to file after the 90 days. If at any point a divorce occurs before the approval of an application for a green card, the immigration process stops. You should be prepared to give your best at an immigration interview at any time during this process. 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… The only way this might be affected is if you had any plans of obtaining U.S. citizenship. However, despite many couples’ carefulness and commitment to their marriages, divorce, and separation are still sometimes inevitable. The purpose of a conditional green card is to help weed out “sham marriages,” where couples get married — and divorce shortly afterward — for the sole purpose of obtaining a green card. The purpose of filing the waiver is to prove to the USCIS that the marriage was done in good faith, and the divorce wasn’t due to your fault. This allows you to jointly file for I-751, despite the fact that you have become separated. 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. If you are in a state where legal separation is part of the stages of a divorce or if your separation has become a divorce under the law of the state, the immigration authorities will usually consider the legal separation as equal to a divorce and may deny you the green card because of this. While separation may be part of the divorce process in some regions, the marriage is still legally valid until it is formally dissolved under the law. Here are some of the implications of being separated from a U.S. citizen or permanent resident spouse with whom you applied for a green card: If you have been legally separated at the time of your green card interview, approval will depend partly on state laws. You should also include documents that prove that you are still married. If you’ve been married for at least two years, you may ask for a waiver after legal separation, in which case you might try to get an adjustment of status (i.e. 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. Divorce before Unconditional Green Card Renewal Interview. If there are documents showing properties you and your former spouse owned together, you may show evidence of this. You will also need to show that you actually tried to reconcile with your partner before the separation (e.g. But because I am still in conditional resident status, I am afraid this might complicate things too much. This also depends on how long you’ve been married. You may need to present the certificate of your marriage to show that you have been married for a particular period of time. We will send you information only that's proven to be useful. The marriage-based green card interview can happen in several of the stages of your residency in the U.S. For one, divorce appears when a family is officially dissolved by the court of law, whereas separation only means that the couple is now living under different roofs. It is within the director’s discretion to either approve your petition and restore your resident status or decide otherwise. This is why it is required that couples file a joint I-751, Petition to Remove Conditions on Residence. The divorce means the relationship that made her eligible has been dissolved. Couples who are separated may also choose to formalize it by entering into an agreement authorized by the court of law, indicating their decision to put the marriage on hold and live apart. what happens if you divorce before green card interview Do I need to notify Uscis of divorce? This also means that the marriage-based green card application is still intact. For those who are just settling down in the country and are in the process of obtaining their permanent resident status, divorce can be particularly problematic. Termination of your conditional resident status and the initiation of immediate removal proceedings by the USCIS. But what happens if you divorce before a green card interview? If an immigrant has applied for adjustment of status – that is, for a green card by submitting Form I-485 – but has not yet been interviewed for adjustment of status at the time the divorce is finalized, the I-485 application may be denied, and/or the interview may be canceled. Divorce Domestic violence and divorce Immigration and divorce Immigration Green cards Domestic violence green … Knowing the specifics attached to each case will help you make an informed decision regarding your green card application process. Be honest with your claims. Your marriage to a U.S. citizen or permanent resident doesn’t automatically make you a permanent resident in the U.S., but it does open the door for a green card. Does a Divorce Disqualify You from Getting a Green Card? If the immigration judge decides to remove you, you may appeal the decision of the judge within 30 days after the verdict. One of my friends married to a U.S. citizen, they filed for immigration office, before they go to interview, they decided to divorce because they were not compatible, can she go to interview and apply for bona fida conditional green card? This is why you need the service of an experienced immigration lawyer to help you file your evidence to be able to have a successful interview. The USCIS officers have been interviewing applicants for years, so they can easily detect false evidence and claims. However, you have to do this within 90 days before the expiry date of the conditional residence. What If The Divorce Has Not Been Completed And We Are Just Separated? 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. 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