Divorcing Your U.S. Citizen Husband/Wife and Keeping Your Green Card


Saturday December 1, 2018


Many times, an immigrant will come into my office if they are in a bad marriage with a United States Citizen, afraid that separating or divorcing from the U.S. Citizen will end of their chances at keeping or obtaining a green card. Nothing can be further than the truth.

This article will give an overview of the immigration options available to immigrants who are or were married to United States Citizens and want to stay here based on the marriage itself, even though the marriage has ended in divorce. First, we will discuss situations where the immigrant was petitioned by the U.S. Citizen, has obtained a twoyear green card and is getting divorced during the two-year period. Next, we will discuss situations in which the U.S. Citizen has filed a green card for the immigrant, but the couple separates prior to the green card interview. Finally, we will discuss situations where the couple has not filed any paperwork for the immigrant – or a divorce is filed prior to the initial green card interview –and the immigrant would like to obtain status because he/ she was married in good faith to the U.S. Citizen.



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