How long after green card can I get divorced?
“How long after the green card can I get a divorce?” is a phrase that foreign nationals frequently search for when they find themselves in marital problems. While you may have married for love and intended to establish a life with your US citizen or lawful permanent resident (LPR) spouse, things don’t always go according to plan.
The short answer to the question: “how long after the green card can I get divorced” is: there is no set time to get divorced, after receiving the green card! Although there are no time limits on when a green card holder can get divorced, if he files for a divorce soon after getting his green card, the government may view her marriage with suspicion and allege that he entered into a fraudulent marriage. Entering into a sham marriage, solely for immigration purposes, violates the immigration laws of the United States. The government is cracking down on such marriages and will place foreign spouses who violate this principle in deportation/removal proceedings.
However, if your marriage is genuine and about to dissolve, you may be wondering what will happen to your immigration status if the marriage ends. As long as you have entered into a real marriage and have solid documentation to prove it, you need not worry about getting divorced.
2-year conditional permanent residents
If you were granted 2-year conditional permanent residence, you must file an I-751 Petition to Remove Conditions or Residence, beginning 90 days before the expiration of the 2-year green card. If your US citizen or LPR spouse refuses to sign the petition, you may request a waiver of the joint filing requirement. If you already got a divorce, you do not need to follow the 90-day rule. She can file the I-751 petition as soon as her divorce is finalized. You must check the divorce exemption box on Form I-751 and submit a copy of your divorce decree along with the petition and supporting evidence of a bona fide marriage.
If divorce proceedings are pending, submit a copy of the divorce petition with your I-751 immigration application and also check the box that you are requesting a waiver of divorce. After the divorce is final, mail a copy of your divorce decree to the United States Citizenship and Immigration Services (USCIS) office where your application is pending.
In most cases, applicants seeking a divorce waiver are interviewed by an immigration officer to verify whether their marriage was real. It is highly recommended that you retain an experienced immigration attorney to assist you in this process.
10-year green card holders
If you obtained a 10-year green card, there are no additional immigration applications to file. You can continue to renew your green card or apply for US citizenship. If you are renewing your green card, information about your divorce is not required, unless you have legally changed your name during the divorce process. If you are applying for US citizenship, you must include a copy of your divorce decree with your application.
United States immigration law anticipates that marriages will break up. You will not be penalized if your marriage falls apart. You are not required to remain in an abusive or failed relationship because you obtained your green card through your spouse. Sometimes a divorce is the best decision to move on with your life.
