Can an Immigrant Who Divorced Get Married Again
Divorce can be a devastating life event. Information technology'due south emotionally exhausting, financially costly and can fifty-fifty touch on 1's immigration status in the United States. A divorce after green menu may introduce new challenges to a permanent resident. But in other cases, it'southward non an issue.
Earlier y'all file another application or petition with U.S. Citizenship and Immigration Services (USCIS), take the time to understand how your divorce or annulment may bear on your situation.
Green Card Renewal After Divorce
The vast majority of light-green menu holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a ten-year green bill of fare, renewing a green menu subsequently divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the light-green carte. In that location are no questions directly related to your union status. Once you have a 10-yr green card, spousal relationship status doesn't directly touch your clearing condition.
You may change your proper name on the greenish card at the same time that you renew or supplant information technology. Many divorcees choose to modify their names to their maiden name during the process. If you lot have a legal certificate as proof of this name modify (east.g. divorce decree), you may change your proper name on the dark-green bill of fare. Simply indicate the proper noun change on Form I-90 and submit a re-create of the legal proper name modify certificate.
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Divorce After Conditional Greenish Carte
A divorce or disparateness may pose a problem if y'all obtained your green card through wedlock to a U.S. denizen or permanent resident. In these cases, USCIS issues a 2-year provisional green card. The ii-year period provides USCIS time to evaluate the bona fides of the marriage. Immigration law requires USCIS to have boosted steps in light-green card marriages to ensure that the marriage was entered in proficient faith. At the end of this probationary menses, the couple must file a joint petition (Form I-751, Petition to Remove the Conditions on Residence) forth with evidence to testify the bona fides of the wedlock.
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Must Proceed to Prove the Marriage was Real
The potential upshot hither is if a divorce casts doubt on whether the wedlock was genuine. A waiver to the joint petition is available. The conditional residence can file Form I-751 after divorce. But USCIS will give the example boosted scrutiny. They want to make sure that yous entered the marriage with skillful intentions. Specifically, USCIS needs to confirm that the marriage was non for the purposes of circumventing clearing law and fraudulently obtaining a green carte.
The conditional resident will demand to provide ample evidence that the wedlock was the real thing. USCIS recognizes that couples who were once in love and committed to each other can have their relationship fall autonomously. But the brunt of proof is on the conditional resident to show this fact.
Filing with a Waiver for the Joint Filing Requirement
A divorce after obtaining your conditional green menu shouldn't stop you from filing your I-751 petition. In fact, yous may prepare Grade I-751 on CitizenPath with a waiver to the articulation filing requirement (due to divorce afterward green card). All the same, we always recommend that you speak to an immigration attorney before filing I-751 with a waiver. The stakes are high. Failure to file Form I-751 or an unsuccessful petition will likely event in removal proceedings (deportation). Make sure you get the right communication for your specific state of affairs.
Establish Yourself Financially in the United States
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Divorce After Green Carte du jour Application
In that location are various ways that a marriage tin can help make you eligible for a green card. A U.S. citizen or permanent resident tin petition a spouse for permanent residence (green card). But y'all may also be the spouse of someone else who was sponsored. This is known equally a derivative applicant.
For example, if Edward is sponsored by his employer for a green carte, his spouse and children (nether age 21) likewise go covered nether the same immigrant petition. The spouse and children may apply for a green card at the aforementioned time (or shortly after) the principal applicant.
Before Approval
If at any indicate a divorce occurs before the blessing of an awarding for a green carte du jour, the clearing process stops. The divorce dissolves the relationship that made the spouse eligible. This is true even if USCIS already approved the immigrant petition.
For example, using the same instance above, Edward'due south U.S. employer sponsors him for a greenish carte du jour. His wife Julia is a derivative beneficiary on the same I-140 petition. USCIS approved the petition and both filed their corresponding applications for an immigrant visa (green card). However, before the interview, the couple divorces. The divorce dissolves the relationship. Edward may keep with the application because he is the principal beneficiary. Julia is no longer his spouse; she may non continue. Children from the wedlock may continue to be derivative green card applicants provided that custody is resolved.
After Approval
Should there be a divorce after green card approval, there is generally no reason for USCIS to review your case for the purposes of your permanent resident status.
However, as previously mentioned, a divorce places boosted burdens on a conditional resident with a ii-year year dark-green card. A divorce afterward a green card is issued, is very significant. In these cases, the conditional resident must file Form I-751 with a waiver to the articulation filing requirement and prove to USCIS that he/she entered the spousal relationship in proficient faith.
Permanent residents with a divorce should also understand how it affects the naturalization procedure. Even if yous are eligible to file the naturalization application based on five years equally a permanent resident, y'all are giving USCIS a reason to take another await at your file. We comprehend the topic of naturalization in the next department.
Divorce Before Naturalization
A divorce after a green carte is issued but before naturalization may or may not affect the process for becoming a U.South. citizen. It depends on your circumstances.
Eligibility for Naturalization
A divorce will touch on your eligibility to file Class N-400, Awarding for Naturalization, if y'all are filing on the basis of marriage to a U.South. citizen for three years. Even if you lot were married for over three years, y'all must keep to be married at the fourth dimension of naturalization. In fact, you have to remain married up until you lot actually go your U.Due south. citizenship, and you lot accept to be living with your spouse three years before filing your N-400 application to authorize on this early footing.
However, you may still be eligible to file Form Due north-400 on the basis of five years as a permanent resident. In this situation, your eligibility is non dependent on a current marriage. Divorce does not bear upon your eligibility to file Form N-400 on the basis of five years as a green card holder.
For example, Anika is a U.S. denizen who married Pritesh, an Indian national. After 2 and a half years, they divorced. Pritesh has at present been in the U.S. as a permanent resident for more than five years. He wasn't eligible to file the citizenship application based on his marriage, simply he tin can now file the naturalization application (Course Northward-400) based on his v years as a permanent resident.
Case Review During Naturalization
There is something that every applicant for naturalization should realize. If yous file Form North-400 to become a U.S. citizen, USCIS will review your entire immigration file once again. This includes your marriage.
If USCIS finds whatsoever indications that yous obtained your greenish card fraudulently, they may require yous to produce additional prove. This goes for any kind of green card fraud, including through marriage. A divorce afterward a dark-green card was issued increases the possibility of a review during the naturalization process. For most people, USCIS will ask a few questions about your spousal relationship in the naturalization interview. USCIS may asking additional prove from some.
If you're unable to produce convincing documentation, USCIS may deny your application for naturalization. Worse nonetheless, USCIS could refer you to clearing court proceedings for removal from the United States (deportation). Clearly, this is a worst-case scenario. Just naturalization applicants do need to understand that USCIS will review their entire immigration history.
In nigh cases, a divorce subsequently green carte does not affect one's immigration condition. But for those with cases as described above, the effects can be significant. If you are a non-citizen, know how divorce or annulment affects your situation.
Disclosure: CitizenPath partners with sure vendors who serve the immigrant community to bring y'all information about their services. MYRA Wealth is a valued partner, just this is not a sponsored post.
Nearly CitizenPath
CitizenPath provides unproblematic, affordable, step-by-pace guidance through USCIS clearing applications. Individuals, attorneys and not-profits utilise the service on desktop or mobile device to prepare clearing forms accurately, fugitive costly delays. CitizenPath allows users to endeavor the service for free and provides a 100% money-back guarantee that USCIS volition approve the application or petition. Nosotros provide support for the Petition to Remove Conditions on Residence (Course I-751), Green Card Renewal (Form I-90), the Citizenship Application (Form North-400), and several other USCIS forms.
Annotation to Reader: This post was originally published on August 29, 2017, and has been modified with improvements.
Source: https://citizenpath.com/divorce-after-green-card/
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