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Asked over 4 years ago - New York, NY
FlagI got married about 1 yr. ago and about to get a divorce. I am Canadian and living in US holding a green card I got from my marriage. What will happen to my immigration status after I get divorced?
If you get divorced within the conditional permanent resident period which is the first two years-- it is no longer a given that you lose your opportunity to keep lawful permanent resident status. The law has changed to favor the immigrant's right to stay even if the marriage failed within just two years, IF the immigrant can prove that the marriage was bona fide meaning legitimate, love, good faith, and not just to obtain a green card-- for an immigration benefit. The form that is filed is the I-751 to lift the conditions off the conditional permanent residency.
It can get a bit complicated on the timing of the divorce decree - the 90 day window for filing the I-751, and if the ex wants to help or not on the joint petition-- of if you are filing for a waiver -- on the form, filing on your own. There are other grounds such as abuse. Gather documentation if that is the case. It would be a smart idea to seek the advice of an experienced immigration attorney, whether at a legal clinic or private practice. Charities like the Catholic Charities and United Way, First Call for help and the like may be a starting point for you.
One writer mentioned that you have a permanent lawful residence or green card-- you don't yet! The writer
mentioned no way to lose it other than crimes. This is not completely true! There are other ways to lose the status! One of several, would be abandonment. If you went back to Canada to reside, you would likely abandon the status-- and if an I-751 is never filed, the CPR status won't just convert to LPR status.
You need to speak with a lawyer about the nature of your current status and the future of this status.
Generally, if you were married for less than two years at the time of your marriage-based green card interview, what you would receive is Conditional Permanent Residence - permanent residence that has all the benefits of regular permanent residence but lasts only two years. Normally, nothing will automatically happen to invalidate this Conditional Permanent Residence status simply on account of the divorce becoming final.
In the three-month window before the two-year Conditional Permanent Residence period ends, you are (in normal, non-divorce circumstances) supposed to apply jointly with your U.S. citizen spouse to remove the conditions and get a regular green card (unconditional permanent residence).
If the marriage is no longer viable, there are a few ways this petition to remove conditions can still be done succcesfully assuming that the marriage was a legitimate marriage that simply didn't work out - it depends on the timing of the divorce (whether it is final), whether your ex- or soon-to-be-ex spouse is on good terms with you, whether you can otherwise document the bona fide nature of the marriage, and whether there was a provable abusive situation within the marriage.
Again, this situation should be thoroughly discussed with an attorney.
I agree with the comments made by the attorneys above (Mr. Reich, Ms. Schneider, and Ms. Beach). However, I would emphasis that it is important to speak with an experienced immigration attorney about your situation. For example, during the year since Mr. Reich first answered this question, the immigration agency has issued new guidance memoranda about the I-751 "Removal of Conditions" waiver. Failure to follow the immigration agency's new guidance may have a negative impact on your petition. It is imperative that you contact an experienced immigration attorney to ensure that your waiver petition complies with current immigration agency policy.
Being married for one year means that you got your green card based on the marriage and that you are a conditional green card holder. The same form ( I -751) can be used to file for removal of the condition or for a waiver. A waiver means that you are filing for the permanent green card in 90 day window before its expiration based on the bona fides or good faith marriage on your own without the spouse.
This requires a showing that the marriage has been a viable one so you would need to show financial commingling of funds etc. You would also need to get a divorce but the date of separation is critical on the divorce complaint. There are also other options to file if there was any mental or physical abuse but the filing is very fact specific and you really need a good attorney or you could risk the loss of your green card.
well i know a lot about this because it has happened to me and my husband...but he got deported because he was an illegal immigrant so good luck :]
If you have a green card, i.e. you are a permanent resident, that's it. You are a permanent resident and unless you commit some crimes you cannot lose your green card.
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http://www.uscis.gov/portal/site/uscis/menuitem...
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