What Happens If Your Marriage Ends Before Getting a Green Card? Shocking Truth Revealed
Shawn Sedaghat, Esq.
Let’s face it—life can throw us some unexpected curveballs.
One moment, you’re happily married and in the process of applying for a marriage-based green card, and the next, your marriage has ended before you’ve even secured that all-important green card.
If that sounds like the situation you’re in, you’re probably feeling a mix of emotions: worried, confused, and unsure of what’s going to happen to your immigration status.
But don’t panic! This article is here to break it all down for you, explain what you should expect, and how you can still move forward when your marriage ends before getting green card.
What Happens If Your Marriage Ends Before Getting a Green Card?
If your marriage ends before getting a green card, it can have serious implications for your immigration status. The path you’re on depends on what stage of the process you’re in. Here’s what you need to know about your options.
Stage 1: You’re Applying for a Green Card, but the Marriage Ends
If you’re still in the process of applying for a green card based on marriage, and your marriage ends, your application will likely come to a halt.
That’s right—the whole process can stop right there. Why? Because you need to remain married — as simple as this.
The reason behind this is that the foundation of your green card application is your marriage, and if that marriage ends, the application no longer holds up. This is true whether you’re in the U.S. on a visa or applying from abroad.
Stage 2: You Have a Conditional Green Card, but You Divorce
If your green card status is conditional (meaning you’ve been married for less than two years when you received it), you’ll need to take extra steps to move forward. The United States Citizenship and Immigration Services (USCIS) will look at your situation closely, but don’t worry—you can still request a waiver to remove the conditions on your green card and transition to permanent resident status.
To make that happen, you’ll need to show the United States Citizenship and Immigration Services (USCIS) that your marriage was entered into in good faith, not just for immigration benefits. Documentation like joint bank accounts, a marriage certificate, and other proof that you lived together as a couple can help.
If you need further assistance regarding other green card-related challenges, it would be best for you to contact an attorney specializing in immigration law and green cards.
Can You Still Get a Green Card If Your Marriage Ends?
This is the big question, right? Can you still get your green card if your marriage ends before you’ve secured it? The short answer: It depends on the circumstances, but in many cases, yes, you can!
1. If You Have a Conditional Green Card
If you’ve already been granted a conditional green card, but your marriage ends before you can apply to remove the conditions, things get a little tricky. Normally, both you and your spouse must file a joint petition (Form I-751) to remove the conditions on your green card. But when the marriage ends, you can request a waiver to file the petition on your own.
In this case, the USCIS will take a close look at your relationship to make sure your marriage wasn’t just for immigration benefits. This means you’ll need to provide as much evidence as possible that your marriage was real and based on love, not fraud. Think photos, joint accounts, shared bills, and anything else that shows you were genuinely living as a married couple.
2. If You’re Applying for a Marriage-Based Green Card and You Divorce
If you’re still waiting for green card approval, and your marriage ends, your application will likely be denied. Why? Because you no longer have the immigrant visa eligibility that came through your spouse. But, depending on your situation, you might still have options. This is where talking to an experienced immigration lawyer becomes crucial.
An immigration lawyer can help you explore other ways to stay in the U.S., whether through a work visa, student visa, or other paths to permanent resident status.
What Happens If You Get Divorced Before the Green Card Interview?
Ah, the green card interview—that all-important meeting with the USCIS officer where your marriage is scrutinized. But what if you’re not even married anymore when the interview rolls around?
If you get divorced before your green card interview, you might still be able to get a green card, but you’ll have to convince the USCIS officer that your marriage was real. If you had a genuine relationship and the divorce happened due to irreconcilable differences, it doesn’t necessarily disqualify you from getting a green card. You just need to show that your marriage was entered into for the right reasons.
And don’t forget—if your green card interview is approaching and you’re unsure how to handle your situation, you should absolutely reach out to an immigration lawyer. They can guide you through the interview and help make sure everything is on track.
Waivers: Your Key to Removing Conditions
If your marriage ends before you can remove the conditions on your green card, you’re going to need a waiver. But what’s a waiver, and how does it help you?
A waiver essentially allows you to file Form I-751 without your spouse’s signature. You’ll need to show that:
- You entered the marriage in good faith.
- You’d face extreme hardship if you were deported.
- You were the victim of domestic abuse or cruelty in the marriage.
Getting a waiver approved can be tough, but it’s absolutely possible if you have the right evidence. Again, having an immigration lawyer by your side to help you gather the necessary documents and prepare your case can make all the difference.
Will You Be Deported if Your Marriage Ends?
I know this is the part you’re probably most worried about—what if you’re deported? The truth is, it depends on your current immigration status and what steps you take next. If you’ve already got a green card (even a conditional one), you likely won’t be deported immediately. But if your application gets denied or you lose your status, you could be placed in removal proceedings.
However, don’t lose hope when it seems like you will undergo removal proceedings. Just because your marriage ends doesn’t mean you’ll automatically be deported. You have options, and working with an experienced immigration attorney can help you avoid that worst-case scenario.
Can You Apply for Naturalization After Divorce?
Let’s say you’ve already gotten your green card, and now you’re thinking about applying for U.S. citizenship. What happens if you get divorced before applying for naturalization?
If you’re applying for citizenship after holding a marriage-based green card, you only need to wait three years before applying. But if your marriage ends before you apply, you’ll need to wait five years like any other green card holder. It’s a bit of a delay, but you’re still on the path to citizenship!
For additional help with green cards, it’s a good idea to reach out to an attorney who specializes in immigration law.
FAQs
What happens if my marriage ends before getting a green card?
If your marriage ends before getting a green card, your application may be denied. However, if you have a conditional green card, you can apply for a waiver to remove the conditions and move forward with becoming a permanent resident.Can I still get a green card if my marriage ends before the interview?
Yes, it’s possible. If you can prove that your marriage was genuine and not for immigration benefits, you may still be able to get a green card. It’s important to consult an immigration lawyer to help you prepare for the interview.
Will I be deported if my marriage ends before I get a green card?
Not necessarily. While ending your marriage can complicate your immigration status, it doesn’t automatically mean you’ll be deported. You may still have options to stay in the U.S., especially if you work with an experienced immigration lawyer.
How do I get a waiver if my marriage ends before I get a green card?
You can request a waiver to file Form I-751 without your spouse’s signature. You’ll need to prove that your marriage was genuine and that you didn’t marry for immigration benefits. A lawyer can help you gather the right documents to support your case.
Can I apply for U.S. citizenship if my marriage ends before I get a green card?
If your marriage ends, you’ll need to wait five years to apply for U.S. citizenship, rather than the usual three years for marriage-based green card holders. However, you can still apply as long as you meet all other eligibility requirements.