Serving the mid-Atlantic area:
Virginia, Maryland, Washington D.C., Pennsylvania, New Jersey, West Virginia and Delaware

Divorce and Immigration Consequences

Can you get divorced if you are already a Permanent Resident?

If you have already obtained your 10-year (permanent) Green Card, before your divorce, then you should not face any difficulty in obtaining your Citizenship. However, please note that because you are no longer married to the spouse who sponsored you, in order to apply for citizenship you will have to wait the full five years. Those who remain married to the sponsoring spouse, can apply for citizenship after three years. However, these permanent residents should keep in mind that because they remain married, they may be asked questions or additional proof or additional proof may be required at the time of their citizenship interview to prove their bona fide (real) relationship with their spouse.

Can you get divorced if you are in the process of getting your Green Card?

If you have just filed your spouse petition, but have not had an interview, then any divorce or even separation will prevent you from succeeding in obtaining a Green Card. However, if you have already received your 2-year (conditional) Green Card, then a subsequent divorce does not prevent you from obtaining your 10-year (permanent) Green Card as long as you can prove that the marriage was entered into in good faith when you were first married. The application needed to remove the Conditional Status of your Green Card is completed by filing Form I-751, and it must be completed in precise fashion so that immigration becomes aware that you are no longer married. It is essential to file any application for removing the conditional status of your 2-year Green Card in plenty of time to obtain your new 10-year Green Card before the 2-year card expiration deadline.

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