Divorce When You’re Under a Conditional Green Card and You Remarry. … If the new spouse is a U.S. citizen, the person should eb able to file to again get a green card based on this new marriage.
Do I lose my conditional green card if I get divorced?
Divorce and a Conditional Green Card
A waiver is available when you file Form I-751 to remove the conditions on your green card, but you will have to prove that your marriage prior to the divorce was genuine and not the result of immigration fraud.
What happens if you get divorced after conditional green card?
If you file for divorce after going from conditional to permanent residence, the divorce will not change your immigration status directly. It will, however, force you to wait five years instead of three to become a naturalized U.S. citizen.
How soon can a green card holder remarry?
Ideally, an individual who obtained a green card through marriage should wait at least 5 years before getting remarried to a foreign national.
Can my wife cancel my conditional green card?
In a typical Green Card case, if the couple has been married for less than two years then the U.S. citizen, spouse and the immigrant have to file another form at the end of the two years or actually right before the end of the two year anniversary of the Green Card and they have to ask to get the conditions removed.
Can I divorce after getting a 10 year green card?
The vast majority of green card holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card.
When can I remove conditional green card?
A conditional permanent resident receives a Green Card valid for two years. To remove the conditions on your permanent resident status, you must file a petition within the 90-day period before your conditional Green Card expires.
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.
Can I revoke my husband green card?
You cannot petition to revoke your husband’s green card. Even if you divorce him, you are still liable for his financial support because you filed Form I-864, Affidavit of Support.
Will I be deported if I get divorced?
Divorcing while undocumented
Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.
Can I remarry after divorce green card?
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.
What happens if you marry a green card holder?
A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide — if they wish — to apply for U.S. citizenship, for which they become eligible after three years.
Is there an interview to remove conditions on green card?
USCIS requires couples to attend an interview when removing conditions on residence. … With plenty of good evidence and a well-prepared Form I-751, USCIS may waive the interview and approve the I-751 petition more quickly.
Does the 2 years of conditional green card count towards citizenship?
As long as you become a permanent resident at the end of your conditional residence period, your two years as a conditional resident will count toward the waiting period for citizenship.
Can a green card be revoked upon divorce?
The good news is that there is nothing in U.S. immigration law saying that once people are divorced or their marriage is annulled, their efforts to get a green card are automatically over.
Can a green card holder get alimony?
According to U.S. immigration law, the contract remains intact, even if a couple divorces. The only way an obligation to support ends is if the sponsored immigrant becomes a U.S. citizen or is employed for ten years and pays into the Social Security System—neither of which applies to the case at hand.