Foreign nationals who obtained their green card through marriage may receive a Conditional green card. When divorce enters the picture of a conditional green card holder, it can complicate an already intricate process.
Understanding the Conditional Green Card
A Conditional Green Card is typically issued to individuals who have been married to a U.S. citizen or permanent resident for less than two years at the time of their green card approval. This conditional status is intended to prevent fraudulent marriages solely for immigration benefits. The card is valid for two years, and during this period, the couple must jointly file a petition to remove the conditions on the green card using Form I-751, Petition to Remove Conditions on Residence.
The Role of Marriage in Conditional Green Card Status
The central premise of the Conditional Green Card is based on a bona fide marriage between the immigrant and the U.S. citizen or permanent resident spouse. This means that both parties entered the marriage with the intent to build a life together. However, when a marriage encounters difficulties, and divorce becomes inevitable, it raises questions about the authenticity of the initial marriage.
In the eyes of U.S. immigration authorities, divorce can trigger a closer examination of the marriage history, which may lead to additional scrutiny during the removal of conditions process. Conditional green card holders must be aware of the potential challenges and steps to take to ensure a successful outcome.
Challenges Faced by Conditional Green Card Holders After Divorce
- Proving the Legitimacy of the Marriage: After a divorce, U.S. immigration authorities may question the authenticity of the initial marriage. Conditional green card holders must be prepared to provide evidence that the marriage was legitimate and not solely for immigration purposes.
- Filing Form I-751 as a Divorced Individual: If the marriage ends in divorce before the joint filing of Form I-751, the conditional green card holder must file the petition independently. This can be a complex process, and proper documentation is crucial.
- Waiver of the Joint Filing Requirement: In some cases, conditional green card holders can request a waiver of the joint filing requirement if they can demonstrate that the marriage was entered into in good faith but ended due to bona fide reasons, such as divorce, abuse or extreme hardship.
Expert Insights and Advice
Navigating the removal of conditions process after a divorce requires careful planning, attention to detail, and professional guidance. Divorce can undoubtedly complicate the path to removing conditions from a conditional green card, but it is by no means an insurmountable obstacle.
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