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Will Divorce Affect My Green Card?

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Divorce will not impact many green card holders’ green card status. However, this only applies to lawful permanent residents with a 10-year green card. If you are a conditional resident, divorce and separation could impact your legal status, and you must act quickly with the help of an immigration attorney to protect yourself.

The only action you must take is to file Form I-90 or the Application to Replace Permanent Resident Card status. This will allow you to renew or replace your green card. Our attorney helps you prepare, file, and submit a Form I-90 after divorce.

Am I Responsible for My Spouse After Divorce?

Many spouses achieve legal citizenship status through marriage. If your spouse received permanent residence by marrying you, it’s your financial obligation to support them, even if the divorce settlement did not include alimony or spousal support.

You also are responsible for financially providing for your ex-spouse even if they received half the marital assets in the divorce. It is set up this way to weed out couples that only marry for marital status and divorce shortly after and live off of the government. Your financial duty is to ensure your spouse is not eligible for public benefits like food stamps and unemployment benefits.

We ensure you comply with these legal obligations so your spouse does not pursue legal action.

Do I Need to Notify Immigration of My Divorce?

Divorce would impact conditional residents if they received legal status through a spouse. Divorce can hinder a spouse’s (conditional resident) ability to gain permanent residency if they don’t take immediate action. Essentially, a divorce dissolves the relationship that made you eligible for a green card, and even if the USCIS has already approved you, you may no longer be eligible.

Our attorney helps conditional residents prepare, file, and submit Form I-751 to immigration authorities with a joint filing requirement with their spouse to prove the marriage was in good faith. There are certain exceptions to filing without a spouse, including domestic violence or a spouse’s death.

Are there Other Conditions to Worry About After Divorce?

A divorce might pose an issue if you were only married to your spouse for two years or annulled your marriage. The two-year period after a couple marries allows the United States Citizenship and Immigration Services (USCIS) to ensure the marriage was entered in good faith and not for citizenship purposes.

The USCIS will likely investigate your marriage further. Our attorney can help you file a Form I-751 petition in response, which helps prove the validity of your relationship. Failure to file or an unsuccessful petition can result in deportation, so we will ensure you act vigilantly. Contact our law offices today to protect your green card status: 408-402-4967.

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