What Happens if I Get Divorced with a Conditional Green Card?

Written By: Matthew W. Peterson

Published: 01/07/2018

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Navigating Divorce with a Conditional Green Card

If you get divorced with a conditional green card, you may still be able to get a 10-year green card. However, it makes the case more difficult. Here at the Law Office of Matthew Peterson, your Boston family law and divorce attorney is ready to help you navigate legal matters.

Understanding Conditional Green Cards

When you are granted a green card based on a marriage less than two years old, you are granted a conditional green card. This conditional green card is only good for two years.

Removing Conditions on Your Green Card

You must remove the conditions by filing an I-751 within 90 days of the conditional, two-year green card expiring. The filing fee to remove conditions on your green card is $750 currently.

What Happens if You Get Divorced?

But what happens if you get divorced before you remove the conditions on your conditional green card? Fortunately, you can still receive a 10-year green card and remove the conditions on your conditional green card.

Proving a Bona Fide Marriage

You will just have to submit additional evidence that your marriage was actually bona fide. This can include evidence that you and your spouse resided together, commingled finances, and paid bills together. You might also want to submit affidavits from people familiar with your relationship.

Seeking Legal Assistance

If you have a conditional green card and get divorced, you can still remove the conditions and receive a 10-year green card. An immigration attorney can help you submit the correct forms and receive your green card.

Contact the Law Office of Matthew Peterson today at (617) 295-7500, and I’d be glad to help!

Frequently Asked Questions (FAQs)

1. What is the difference between a conditional green card and a permanent green card?

A conditional green card is issued to individuals who have been married for less than two years at the time of approval. It is valid for two years and requires the holder to apply to remove conditions to obtain a permanent 10-year green card. A permanent green card, on the other hand, is not subject to conditions and does not require further action after it is granted.

2. Can I apply for a 10-year green card if my divorce is still pending?

Yes, you can apply for the removal of conditions and a 10-year green card even if your divorce is still pending. However, you will need to provide evidence that your marriage was entered into in good faith, as well as any relevant documentation regarding the divorce process.

3. What types of evidence can I submit to prove my marriage was genuine?

To prove that your marriage was bona fide, you can submit various types of evidence, including joint bank account statements, lease agreements or property deeds in both names, photographs from your time together, correspondence between you and your spouse, and affidavits from friends and family who can attest to the authenticity of your relationship.

4. How long does the process take to remove conditions on a green card after filing Form I-751?

The processing time for Form I-751 can vary but typically takes several months to over a year. During this time, it’s important to keep track of any updates from USCIS and ensure that you maintain your legal status.

5. What should I do if my conditional green card expires before I can file Form I-751?

If your conditional green card expires before you file Form I-751, it is crucial to file as soon as possible. You may still be able to apply for a waiver based on the circumstances surrounding your divorce or other qualifying factors. Consulting with a Boston immigration attorney can help you navigate this situation effectively.