QUESTION
Will divorce affect my permanent residency status in the US?
Asked on Aug 19th, 2012 on Immigration - California
More details to this question:
1. I had been married with my husband for four and half years. My husband is a U.S. citizen. I never got two-year green card due to delayed paper works. After more than three years of our marriage, I got an interview and finally got my 10 years green card. It has been nine months since I receive my ten-year green card and my husband wants to file for a divorce because we have been arguing a lot. I do not know if the divorce affects my permanent resident status. Moreover, I want to ask if I need to prove or take another interview with US Citizenship and Immigration Services officer to prove to them that we had been living together. Thanks.
9 ANSWERS
If you have your permanent green card, even if you get divorced, you will get to keep your permanent resident status.
Answered on Aug 30th, 2012 at 8:29 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If you have a 10-year green card and no longer have a conditional green card, you should not have any problems. However, I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 27th, 2012 at 1:19 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
At this point, divorcing your husband will not affect your permanent green card or precipitate another interview with the USCIS. Your marriage was recognized as valid; case closed. Nevertheless, I suggest that you should ask an attorney well-versed in immigration law to represent you in the divorce: when you will file for naturalization, the USCIS will review the divorce decree and the document called "Findings of fact and conclusions of law" which the judge signs at the end of a divorce proceeding. Technically, your eligibility for citizenship does not depend on preservation of the marriage through which you got your green card; but, as a practical matter, getting divorced right after receiving a green card is likely to ruffle Immigration's feathers; and careful wording of the divorce documents can save you from considerable complications.
Answered on Aug 27th, 2012 at 1:19 PM
Bruce A. Coane
It should not be a problem, generally speaking. The questions may come up when you file for naturalization, but again, rarely a problem....unless evidence of marriage fraud
Answered on Aug 27th, 2012 at 1:18 PM
Rebecca T White
A divorce at this time will not impact your permanent resident status.
Answered on Aug 27th, 2012 at 1:18 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
You will be fine since you have the 10-year green card. There is no requirement that you stay married to the US citizen any longer : ). The only disadvantage is that you must wait 5 years to become a US citizen after receiving your green card (not 3 years like most marriage cases).
Answered on Aug 27th, 2012 at 1:16 PM
Immigration Attorney serving Madison, WI
at
Wren & Gateways Law Group, LLC
Update Your Profile
The only way a divorce at this point is likely to have any impact on your status is if you try to get citizenship. You'll run the risk of USCIS deciding your marriage was for immigration purposes only, but if it is a valid marriage that just didn't work out can probably satisfy USCIS even if suspicions are raised. In summary, if you divorce soon I would strongly recommend hiring an attorney to help if you decide to seek citizenship.
Answered on Aug 27th, 2012 at 1:15 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
You have permanent residency. There are no more interviews except for citizenship. You have to wait 4 years 9 months to apply for that.
Answered on Aug 27th, 2012 at 1:14 PM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
Since you have the 10 year Green Card, it should not affect your status.
Answered on Aug 27th, 2012 at 1:01 PM