Marriage-Based Green Cards and Divorce
What happens to your marriage-based green card when you separate or get divorced?
It’s not uncommon for even the most sincere marriages to end - just look at national divorce rates. The impact of divorce on your green card will largely depend on whether the green card application was already approved (as opposed to just pending), and whether you hold a conditional or permanent green card.
In order to receive a marriage-based green card, USCIS must review your relationship and determine that the marriage was entered into in good faith, and not for immigration purposes. It’s usually not enough to just submit a copy of the marriage certificate as evidence. USCIS expects to receive evidence demonstrating your commitment to each other, such as: birth certificates of children that you share, evidence demonstrating the co-mingling of assets (ex. joint bank accounts, or jointly holding a mortgage), evidence that you live together, evidence of correspondence while living apart, and photographs of you and your spouse together. If USCIS feels that the marriage is fake or fraudulent, they will not approve the I-130 petition, and you will not receive a green card. Similarly, if the marriage breaks down before you get a green card, the application will stop and you will not get the green card.
Conditional Green Card
If you have been married for less than 2 years, a CR1 (or “conditional green card”) will be issued. Conditional green cards are only valid for 2 years. Couples must file the Form I-751 during the 90 day period immediately before the green card’s expiration date in order to “remove the conditions” and obtain a permanent green card. When you apply for a permanent green card, USCIS will re-evaluate the marriage to ensure that it is still authentic and bona fide, and not a marriage of convenience for immigration purposes.
If your marriage ends while you hold a conditional green card, getting a permanent green card will require more work on your end. After all, in order to get the permanent green card, you are supposed to prove that you and your partner are still in a marriage that was entered into in good faith. You can file a Form I-751 waiver to remove the conditions on your green card, and will have to argue in that waiver petition that the marriage was entered into in good faith and not the result of immigration fraud. Evidence and written statements will need to be provided, and these applications are closely scrutinized by USCIS.
Permanent Green Card
If your marriage ends while you are holding a permanent green card (an IR1 or immediate relative green card), there usually is no impact on the renewal process. You will need to file a Form I-190 to renew the green card, but there are no questions on marital status as part of this application.
Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.