Divorce and the Effect on Your Green Card in the U.S.

USA flag & green card

Divorce is never nice but can be devastating under the wrong circumstances like in the case of immigration law. Many immigrants who arrive in the United States understandably wonder whether their green cards are threatened by divorce. When a U.S. citizen-to-be is granted a U.S. residence for a marriage, the green card for the first time is valid for two years. If divorce and green card approval collide with each other, it’s time to call our immigration lawyer in OKC.


Getting Divorced Before Getting Green Card


For the thousands of people who enter the United States every year to marry a U.S. citizen, they are starting an epic new chapter in their lives after receiving a K-1 visa. They enter the United States to marry within 90 days, ready to start living in a new country with a new spouse and to receive a greencard, which will enable them to live and work continuously in the United States.


However, what happens when it comes to marriage ending? How about filing all the paperwork for you and your U.S. citizen spouse for a greencard, but now you're in the middle of a divorce?


The U.S. Citizen's spouse holds the cards, unfortunately. A recent case reiterated this fact by the new Decision of the Board of Immigration Appeals.


Divorced couple

Green Card After Divorce


What if you divorce whole having a green card before the end of the two-year term? You need to convince USCIS that the joint filing requirement can be overlooked on a valid basis if you find yourself in the scenario and the final divorce order is obtained before the end of the initial period. This can be accomplished by showing that marriage was genuine and not a fraud.


You will also be advised to prepare a formal explanation of the reasons for the post-green card divorce and a qualified immigration lawyer can help. If your divorce case is not compelling, and the USCIS understands that the marriage ended on your behalf due to faults like adultery or withdrawal, your plea is likely to be refused.


An immigration lawyer in OKC is best qualified after divorce or legal separation to answer questions about your Green Card. Many immigration clients, from work-based immigration to asylum and marriage, have been supported by us.


Please contact one of our experienced immigration lawyers in OKC to get the problems solved with your green card. We are Mazaheri Law Firm where you can find all possible solutions for your immigration problems.

** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.