Can I divorce my wife after getting a green card?

Can I divorce my wife after getting a green card?

A divorce after receiving a green card is significant. In these circumstances, the conditional resident must submit Form I-751 with a waiver of the joint filing requirement and demonstrate to USCIS that the marriage was entered into in good faith. The spouse who filed for the original visa may be able to apply for an extension of their visa if they can show that the marriage was not entered into in good faith.

In addition, if the conditional resident wishes to request permanent residence status from USCIS, he or she will need to file another form, called an I-824. This form requires evidence of marital stability during this period of time when the divorced person is trying to become a citizen. If the couple has been together for at least three years but has not yet obtained marital stability, then the I-824 could be filed when the resident applies for citizenship.

The process of obtaining a divorce while living in Canada is similar to that of other provinces except that there is no requirement that you live apart for at least six months. Divorce can only be granted by the Superior Court of Justice in each province. These courts determine what property is owned by the spouses and any children, where the children will reside during the divorce proceedings, and how the financial responsibilities of the divorce will be divided between the spouses.

Can I keep my conditional green card after divorce?

If you divorce while still a conditional resident and wish to apply for a green card, you must submit not only Form I-751 but also a request for a waiver of the standard requirement that you and your U.S. spouse file the I-751 jointly, with both of your signatures. The Department of State will grant this waiver if it determines that your marital status has been compromised by circumstances beyond your control.

A divorce decree that terminates your marriage do so automatically after some period of time if you have not yet filed an application for permanent residence. If you have filed but have not yet received your green card, then your divorce would terminate the conditional nature of your residency. You would no longer be married to your U.S. spouse, so any relationship between you and her would have to be based on something other than marriage - perhaps a joint investment or simply because you live in the same country. In this case, you would need to file an application for permanent residence (known as an "I-824") to confirm that you are not married anymore so that your conditional residence can be removed from consideration.

If you receive your green card before your divorce is final, then it is possible that you could lose your conditional residence through marriage again. So even though you are now single, there is no guarantee that you can stay that way.

How does a divorce affect your green card?

You may have problems acquiring a green card if you divorce while your residence status is conditional. In fact, while submitting Form I-751, you may be asked to add documentation that the marriage, despite being brief and ending in divorce, was not fraudulent. The Department of State has put out guidance on how to demonstrate that your marriage was not fraudulent.

If your spouse files an affirmative defense to the remarriage requirement, you will need to prove that your new marriage is not based on fraud or coercion. An affirmative defense can be used by a U.S. citizen who believes he or she has been married for more than two years and is now seeking a divorce because it was only a civil ceremony without any intention of entering into a marital relationship. If your new husband or wife alleges fraud or coercion, you will need to provide evidence to support his or her claim. If you are unable to do so, you cannot use an affirmative defense and therefore may be required to leave the country.

As mentioned, if you are able to prove that your marriage was not fraudulent, you can remain in the United States. You should contact an attorney as soon as possible after getting divorced to discuss your options and what might be needed to establish that your marriage was not fraudulent.

Can you file an I-751 divorce after getting a green card?

The burden of evidence, however, is on the conditional resident to demonstrate this reality. Divorce should not prevent you from filing your I-751 petition after getting your conditional green card. In reality, you may use CitizenPath to create Form I-751 with a waiver to the joint filing requirement (due to divorce after green card).

The two stages are straightforward: Naturalization is required to become a citizen. A green card is required before you may apply for naturalization (permanent resident card). If you are married but lack citizenship or a green card, a divorce has no effect on you; you cannot become a citizen of the United States regardless.

After three years of holding a green card and being sponsored by a U.S. citizen, a green card holder can apply for naturalization. To be eligible, you must still be married to the U.S. citizen who sponsored your green card.

When should you apply for a new green card after a divorce?

The next USCIS review usually occurs two years after your conditional-residence approval date and after you complete USCIS Form I-751, as needed. This form requests that USCIS remove the limitations on your residency and grant you permanent residence (a status that does not expire, albeit the physical card does).

What exactly is a marriage green card? A marriage green card permits a U.S. citizen or green card holder's spouse to reside and work in the United States. A green card holder will enjoy "permanent resident" status until they elect to seek for US citizenship, which they will be able to do after three years.

A divorce (or annulment) may be problematic if you earned your green card through marriage to a US citizen or permanent resident. Indeed, immigration regulations in the United States make it plain that only genuine, lawful marriages qualify an immigrant for a green card. As a result, your fear is reasonable. The important question here is whether a divorce casts a...

The next USCIS review usually occurs two years after your conditional-residence approval date and after you complete USCIS Form I-751, as needed. This form requests that USCIS remove the limitations on your residency and grant you permanent residence (a status that does not expire, albeit the physical card does).

The principal applicant's spouse and children may apply for a green card at the same time (or shortly after). If a divorce happens before the acceptance of an application for a green card, the immigration procedure is terminated. The divorce ends the connection that qualified the spouse.

Can you file for divorce on citizenpath after getting a green card?

In reality, you may use CitizenPath to create Form I-751 with a waiver to the joint filing requirement (due to divorce after green card). However, before submitting an I-751 with a waiver, we always urge that you consult with an immigration counsel. The stakes are really high. If your I-751 is rejected at the border or during inspection by US Customs and Border Protection (CPB), you could be placed in removal proceedings.

The ability to get a divorce while living in another country can be tricky. In most countries including the United States, marriage is considered a legal contract between two people, not a union between a man and a woman. These days, many couples choose to marry abroad because it allows them to form a union where she isn't a citizen and he isn't a citizen. For example, a husband who is a native of Canada and wife is a native of America might want to marry them abroad so they can live together in Canada.

However, once they move back to America, he wouldn't be able to divorce her because they aren't married under American law. He would need to file for divorce through Canadian courts or leave her alone.

In some cases, such as when there are children involved, people can apply for a visa for their spouse. The spouse would then enter the country with a valid document allowing them to stay. However, this isn't always easy or possible.

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Edward Puffinburger

Edward Puffinburger loves to write about all things related to leadership and public relations. He believes that every person needs a little guidance now and then, which is why he spends so much time writing articles that can help people find their way. Edward's articles are well researched, and always easy to understand.

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