Divorce is difficult in even the best of circumstances. However, if you are in the process of obtaining legal residency through marriage or if you have already obtained a Green Card and your relationship does not work out, this can make the situation even more stressful.<\/p>\n
If you are in this situation, you may be overwhelmed with questions regarding how your divorce affects your Green Card. Keep scrolling to read some of the most frequently asked questions we get regarding the effect of divorce on Green Cards or on the ability to apply for a Green Card.<\/p>\n
Yes, is the short answer, but there are some things to take into consideration. A K-1 visa divorce could cause complications if not handled correctly. Specifically, you will need to show that the marriage was legitimate. Proof-like joint bank accounts, photos, and shared assets can help prove the relationship is genuine. <\/p>\n
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It depends.<\/p>\n
If you have already obtained your 10-year green card and you get a divorce, you are generally free to remarry whomever you wish without impacting your immigration status. However, if you haven’t gotten your green card yet, or your green card still has conditions, your situation may be more complicated.<\/p>\n
If you were married to a U.S. Citizen or Legal Permanent Resident and you do not yet have legal status in the United States, you should consult with an immigration attorney before getting remarried.<\/p>\n
If you get a divorce before getting your Green Card or before you have met the conditions of your 2-year Green Card, this will complicate things. Once you have a 10-year green card, you will be able to get a divorce without jeopardizing your lawful permanent resident status. <\/p>\n
If you already have a lawful permanent resident status with a 10 year Green Card in the United States, you will not be deported for leaving your husband or wife. Once\/If you become a U.S. citizen, you will generally have complete immunity from deportation, with very limited exceptions. <\/p>\n
Luckily, marrying a U.S. citizen classifies you as an immediate relative of that citizen. Unlike employment and family-based Green Cards, immediate relative Green Cards are always available.<\/p>\n
This means that you don’t have to wait several years after the petition is approved for a “priority date” to become available. As long as you otherwise qualify for a Green Card, you’ll only have to wait until your petition is approved before changing your status.<\/p>\n
U.S. immigration law is a constantly evolving and changing branch of the legal system. It is best to consult with an experienced and reliable attorney before you begin applying for a change in your immigration status.<\/p>\n
James Immigration Law is a boutique law firm specializing solely in immigration law and has the experience and knowledge to help you with your case.<\/p>\n
Contact us today for a consultation on how we can achieve the best possible outcome for your case.<\/p>\n","protected":false},"excerpt":{"rendered":"
Divorce is difficult in even the best of circumstances. However, if you are in the process of obtaining legal residency through marriage or if you have already obtained a Green Card and your relationship does not work out, this can make the situation even more stressful. If you are in this situation, you may be […]<\/p>\n","protected":false},"author":1,"featured_media":18133,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[36],"tags":[],"class_list":["post-18172","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-immigration-en"],"acf":[],"yoast_head":"\n