Pretty much everybody has heard of a “green card” marriage. But what a lot of people don’t know is that it’s not just a matter of showing a marriage certificate. It’s a more involved process that takes time, and then there’s the question of what happens if there’s a divorce. Our team at Maison Law Immigration Lawyers can help you through everything. Set up a one-on-one consultation today to talk over your options.
Can I Still Get a Green Card if I Get Divorced?
It sounds a bit counterintuitive, but if you’re trying to get a green card through marriage and you get divorced, it doesn’t necessarily mean that you can’t still get one. A divorce obviously complicates things, and if you’re applying through a marriage-based application, that will no longer work.
But you’re not out of options totally. It comes down to your situation and what you’ve already done. If you’ve already gotten a conditional green card based on your marriage, you can ask for what’s called a “divorce waiver.” Basically, you’re asking immigration to remove the marriage condition from your application. But that also means you need to show that you and your spouse made a good faith effort with your marriage in the first place. To do that, it takes evidence like:
- Your marriage certificate showing that you were legally married.
- A joint lease, mortgage, utility bills, or other documents showing the same address.
- Joint bank accounts, credit cards, bills, or other financial records showing that you shared expenses.
- Tax returns filed together as a married couple.
- Health, auto, life, or other insurance policies showing that you covered or listed each other.
- Photos, travel records, invitations, or other records showing that you spent time together as a couple.
- Text messages, emails, letters, or other records showing your ongoing relationship.
- Birth certificates, medical records, or other documents showing that you have children together.
- Documents showing shared property, household expenses, memberships, or other responsibilities you had as a married couple.
Of course, none of these things on their own is a guarantee that your green card application will go through. But it’s also important to not just assume that a divorce ends your chance at a green card.
What Other Options Do I Have Outside of a Marriage-Based Green Card?
If you’re getting a divorce, it’s pretty clear that a marriage-based green card isn’t the best path forward for you. But again, marriage is only one of the available paths toward a green card. There’s other ways to get one, and they usually involve getting a green card through:
- Another family member, if you have a parent, child, or another qualifying family member who is a U.S. citizen or lawful permanent resident.
- Your job, if your employer is willing to sponsor your application.
- The Violence Against Women Act (VAWA), which allows you to go through the process without your former spouse’s involvement.
- Asylum, if you’re here based on persecution you’ve gone through in your home country.
Here’s the bottom line: a divorce is probably going to impact the green card process, and even your overall immigration options in different ways. But it’s not a disqualification. Your options and best path forward ultimately comes down to your current circumstances and to that end, our team will be there to guide you through it.
Maison Law Immigration Lawyers Can Help Your Green Card Case in California
Getting divorced while you are going through the process of getting a green card can leave you with a lot of questions. But you don’t have to try to answer them on your own. Our team at Maison Law Immigration Lawyers will be there to answer them and help you through the process by:
- Explaining how your divorce is going to likely impact your options
- Figuring out what the best path forward for you is currently
- Putting together the evidence showing that your marriage was genuine, if you want to go with a divorce waiver
- Preparing and reviewing the forms and documents you need for an application
- Addressing problems as they come up
A divorce is painful in any circumstance, but especially so when you are trying to get a green card through marriage. But it’s not the end of the story. Reach out to Maison Law Immigration Lawyers today to set up a consultation. We’ll talk you through your options now.
