Family-based immigration is one of the simplest ways to enter the United States. Those with loved ones in the country may qualify for visas or even green cards based on their relationships. Marriage is one of the pathways to a green card in the United States.
Those who marry United States citizens may be eligible for a green card to reunite with their spouses. Those who get engaged to United States citizens can qualify for K-1 fiancé visas. Those visas may eventually lead to a green card and then citizenship if the fiancé enters the country and marries the citizen as planned. Unfortunately, not all marriages last for life. Some of them end relatively quickly due to divorce.
Can permanent residents with marriage-based green cards face removal from the United States if they divorce?
Timing is everything when immigrants divorce
A marriage or engagement needs to represent a bona fide relationship. The United States Citizenship and Immigration Services (USCIS) conducts a thorough review to validate that the relationship leading to the K-1 visa or green card request is valid. The USCIS looks for signs of fraudulent relationships established solely to obtain permanent resident status.
Securing a visa or green card does not mean a spouse or fiancé can stay indefinitely. There are also special rules that apply depending on the duration of the marriage. If the marriage has already lasted more than two years before an immigrant requests a green card, they can receive a standard green card.
Newly-married spouses and those entering the country with K-1 visas receive conditional green cards. The marriage must last two years after they received their green card. They can then submit paperwork to the USCIS to remove the conditions from the green card.
If they divorce before reaching that two-year mark, their permanent resident status can be vulnerable. In special circumstances, including domestic violence situations, immigrant spouses may qualify for other visa programs. In most cases, remaining married for long enough to remove conditional status from a green card is crucial for an immigrant’s protection.
Learning more about marriage-based green cards can help people make the right decisions about their legal and family circumstances. Divorce can complicate immigration status if a marriage does not last very long. Other times, divorce may not impact an immigrant’s status because they have already secured a green card without any conditions attached.