It can be daunting to navigate the complexities of U.S. immigration law. If you married a United States citizen you are eligible to apply for a green card through your spouse. Whether you have only just applied or have already received a 10-year green card, getting divorced can impact your immigration status. It is important to understand the implications that divorce has on your permanent residency. A green card immigration lawyer in NYC can offer skillful advice and legal counsel during this process. Reach out to an experienced attorney to set up your consultation today.
How Do I Obtain a Green Card Through Marriage?
There are several steps involved in obtaining a green card through marriage. Consider the following steps.
- Get married to a U.S. citizen in a legal ceremony.
- The U.S. citizen spouse files Form I-130, the Petition for Alien Relative. This form establishes the marriage and informs the government that you have a relative who qualifies for a green card.
- If you live in the United States apply for an adjustment of status with Form I-485. If you are not living in the U.S. file Form DS-260.
- Attend the green card interview. Bring all required documents and answer the questions asked by the officer. They will inquire about the relationship and your personal history.
- Await approval.
Will My Green Card Be Revoked if I Get Divorced?
The way in which your divorce will impact your residency status depends on when you get divorced in relation to when you are to receive your green card.
If you get divorced early on in your immigration journey it can derail the process. If your relationship ends after your spouse applies for a green card on your behalf but before the USCIS (United States Citizenship and Immigration Services) approves the petition you will not be able to obtain a green card. Because you were only eligible through your spouse, you no longer qualify and your case will be rejected.
If you were issued a conditional green card, meaning that you have been married for less than 2 years, you must remain married to your sponsoring spouse for at least that time. Getting divorced too early can cause the USCIS to revoke your green card.
If you have been married long enough that you applied for and received a 10-year green card the divorce will not typically affect your status. With that being said, it is important to note that unless you become a naturalized U.S. citizen the USCIS is within their rights to review your case file at any time to determine whether or not your marriage was legitimate.
Contact an Immigration Lawyer
If you are in the process of receiving a green card through your spouse or have already obtained one getting divorced could alter your immigration status. Work with an experienced NYC immigration lawyer to ensure your rights are protected and discover your legal options.
