What if I file for divorce before getting my permanent green card?

Does getting a divorce affect my permanent resident status?

A divorce may make it harder to become a permanent resident, but it is still possible. … If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. However, the divorce may force you to wait longer to apply for naturalization.

Does USCIS check divorce records?

USCIS will determine the validity of a divorce for immigration purposes by examining whether the state or country where the divorce was issued had proper jurisdiction. … Other common issues are customary consent divorces issued at home without formal approval or recognition by the government.

Will I be deported if I get divorced?

Generally, an immigrant who divorces a United States citizen after two or more years of marriage is less likely to face deportation if you have already obtained a Green Card or permanent residency. … In any event, if you divorce after two years of marriage, you will likely be allowed to remain in the United States.

How long do you have to wait to get a divorce after you get a green card?

Naturalization and Divorce

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If you divorce before you apply, then you have to wait the full five years that a non-marriage green card holder would.

What happens if an immigrant gets divorced?

If the immigrant is already a permanent resident when the marriage ends, divorce will have no effect on the person’s immigration status. However, if and when the person applies for naturalized U.S. citizenship, USCIS could take another look at whether the marriage was real in the first place, as described next.

Can I cancel my spouse conditional green card?

If your conditional green card is based on marriage, you should file Form I-751, Petition to Remove the Conditions on Residence. If your conditional green card is based on investment, you must file Form I-829, Petition by Entrepreneur to Remove Conditions.

What happens if you divorce before adjustment of status?

Any marriage based application for adjustment of status is not terminated automatically by a divorce prior to approval. … This deprived the alien fiance from adjusting on a petition based on a marriage to someone else on some other basis, such as a Labor Certification.

Can a permanent resident remarry after divorce?

In general, an immigrant who obtained lawful permanent resident status through marriage, who divorce and remarry, must wait five years from the date their green card status was granted before an I-130 family based petition for a new spouse will be approved.

Does USCIS check marital status?

Love is harder to prove than combined financial responsibilities, but USCIS will need to see evidence of a love-based relationship before verifying your marriage. Evidence of your shared relationship can include: Wedding expenses. … Affidavits (written testimony) from third parties explaining why your marriage is …

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Does immigration check your marital status?

USCIS wants proof that you and your spouse have a real relationship — that you communicate and engage in activities together. Examples of such proof include: Copies of: Travel itineraries for vacations you took together, especially to the home country of the spouse seeking a green card.