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.
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.
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 $680 currently.
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.
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.
If your spouse is not cooperating, you must file a waiver of the joint filing requirement. To be successful, you have to show that your marriage was entered into in good faith.
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 me today at (617) 295-7500, and I’d be glad to help!