It’s no secret that several people use short cuts to acquire the prized and the much sought after US Permanent Residence Status, or the Green Card. Many get caught while several escape undetected. Such people and others using the marriage path to get Green Card often have some questions and they seek answers to these.
This edit may throw some light on the issue and perhaps prove pretty useful for such candidates. Let’s talk about divorce and US Green Card!
In case you have obtained a Green Card for nationality in the country, on the ground of your wedding to a citizen of US, then a split may obstruct your residential position. As per the laws of immigration, only those weddings that are officially authorized and genuine are really eligible to be duly considered for the applications submitted for resident visa.
As long as your wedding is officially authorized and genuine, you don’t have to lose your sleep and worry about being separated. However, in case you have become a part of a wedding of convenience, then you could have to be more worried about your split.
Despite the fact that the law does not necessitate that your visa position be revoked in case your wedding ends in divorce, in case the divorce take place through or right away post the visa procedure, the US Citizenship and Immigration Services (USCIS) would closely keep an eye on your specific case.
The USCIS knows that a high figure of the so-called weddings of the immigrants are nothing but “wedding of convenience”, entered into deceitfully with the sole object of getting hold of a Resident Visa. It is not easy for such couples to continue a married life sufficiently long for the visa procedure to come to an end and several soon conclude in separation.
The USCIS also knows that real weddings also may conclude in separation, and they do give due thought for it. The verdict of the USCIS depends on how nicely you can really show that your matrimony is authentic. They also think about the time you both have been living together, post the wedding.
Immigration Standing Does Matter
The particular standing of your immigration visa procedure is also a crucial characteristic that the USCIS would duly mull over. In case your other half in the nation has offered a visa approval petition for you and you divorce through that time, then your petition won’t be processed more with the reason being the USCIS Form I-130 does not offer you any immigration position.
When You Are Renewing Your Conditional Visa
In case you have already been offered a conditional visa–a Green Card offered for a period of two years to those who have been wedded for a period of two years or less–and you split prior to the renewal of your visa at the close of the two year term, then you will be subjected to some difficulties, as the USCIS Form I-751 that requires to be presented during the renewal is supposed to be a joint petition inked by the two parties.
It would require a great deal of convincing, suitably supported by facts, to demonstrate that your matrimony was 100% bona fide and not fake. You afterwards have to file a request for a waiver from filling a joint petition. You could require an experienced legal representative to assist you through this development.
When You Are Requesting For Citizenship
In case you have already received sanction for a Permanent Resident Visa (PRV), prior to your separation, then there is not any requirement to be anxious since the USCIS will not look into your wedded position any time in the near future. Still, at the time of application for the US citizenship, the USCIS will appraise your whole immigration history.
And, in case they have any misgivings about the strength of your matrimony, then they could ask you to elucidate it. In case they are forced to think that your matrimony was false, then they may not only reject your request submitted for citizenship but also make efforts to exile you using the immigration court.