- 19-Apr-2025
- Healthcare and Medical Malpractice
If you are in the process of getting a divorce and have a pending application for a U.S. Green Card, your divorce may impact the process, particularly if your Green Card application is based on marriage. However, there are ways to apply for a Green Card even if your divorce is pending, depending on your specific situation.
Even if your divorce is pending, if you can show that the marriage was legitimate and entered into in good faith, USCIS may approve your Green Card application.
Evidence of a genuine relationship, such as joint financial records, shared living arrangements, photos, and affidavits from friends or family, can help demonstrate the authenticity of your marriage.
If the divorce is due to abuse or other serious circumstances, you might also be eligible for immigration relief such as a self-petition for a Green Card under the Violence Against Women Act (VAWA).
If you are granted a Green Card through marriage and the marriage is less than two years old, you will receive a conditional Green Card.
If a divorce occurs during the conditional status period (the first two years), you will need to provide additional documentation to prove that the marriage was real, and you were not simply married for the purpose of obtaining a Green Card.
You may need to file a Waiver of Joint Filing when removing conditions, and you can apply for a waiver if your marriage ended in divorce. You must show that the marriage was entered into in good faith.
If your divorce happens after you've already filed your Green Card application based on marriage, you may still be able to proceed if you can demonstrate that the marriage was real. USCIS may require an interview to further evaluate your case.
If your divorce is finalized before your interview, you must provide documentation showing that your marriage was genuine before it ended. If abuse or other extreme circumstances were involved, you may also be eligible for relief options.
If your divorce is related to domestic abuse or violence, you may still apply for a Green Card under the VAWA (Violence Against Women Act). This law allows individuals in abusive marriages to self-petition for a Green Card without the support of their abusive spouse.
Lena is married to a U.S. citizen and applies for a Green Card based on her marriage. However, after a few months, Lena begins the divorce process. During her Green Card interview, she provides evidence of a genuine marriage (photos, joint bank accounts, etc.) and explains the situation. Because Lena can prove that the marriage was valid and not entered into just for immigration purposes, her Green Card application is approved, even though her divorce is still pending.
If you are going through a divorce and have a pending Green Card application, it is strongly recommended that you consult with an immigration attorney to understand how the divorce may affect your status and application.
Gather and present as much evidence as possible showing that your marriage was real and not entered into solely for immigration benefits. This includes joint financial documents, shared property or leases, and witness statements.
If you are divorcing due to domestic abuse, consider self-petitioning under VAWA. An attorney can help you understand your rights and possible options.
You can apply for a Green Card if you have a pending divorce, but it can complicate your application. The most important factor is to prove that your marriage was genuine and not entered into for the sole purpose of obtaining a Green Card. Divorce during the process may require additional documentation and evidence. Consulting with an immigration attorney is key to navigating the complexities of a pending divorce and Green Card application.
Answer By Law4u Team
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