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Which Immigrants May Remain in the United States After Divorcing a U.S. Citizen?
If you marry a United States citizen and you are in the U.S. with a conditional green card, and you then divorce your spouse (or your spouse divorces you), to remain in the U.S., you should have the services and advice of a Boston immigration lawyer.
A divorce could mean the revocation of your conditional green card and, in some cases, deportation. What happens after you divorce a United States citizen depends primarily on your immigration status at the time of the divorce.
What Are CR-1 and IR-1 Visas?
If you have been married to a U.S. citizen for less than two years, you may enter the United States with a CR-1 visa (a conditional resident green card). When you have been married to a U.S. citizen for more than two years, you may enter the country with an IR-1 or immediate relative visa (a permanent green card).
CR-1 visas are granted on a conditional basis. Two years after arriving in the U.S., the CR-1 visa holder, along with his or her U.S. citizen spouse, may apply to remove the conditions, and the CR-1 visa holder may receive a lawful permanent resident green card at that time.
An IR-1 visa is an immigrant visa that gives the spouse of a U.S. citizen immediate lawful permanent resident status. An IR-1 visa may be granted when a foreign national has been married to a U.S. citizen for more than two years.
What if You Are a Lawful Permanent Resident When You Divorce?
If you already have a permanent green card and you were a lawful permanent resident at the time of your divorce, your immigration status probably will not change, but a divorce changes the length of time you must wait before you may apply for naturalized United States citizenship.
Because you are no longer married, you will need to wait five years to apply for naturalization rather than three. When you apply, U.S. Citizenship and Immigration Services (USCIS) will examine your immigration history, and you may have to prove your marriage was not fraudulent.
Proving your marriage was in good faith requires you to provide evidence of your life together and your marriage’s legitimacy. Unless you can prove your marriage was legitimate and not simply to obtain a green card, USCIS could deny your application for naturalized citizenship.
What if You Are a Conditional Resident When You Divorce?
If you obtain conditional resident status based on your spouse’s citizenship, that status lasts two years. To become a permanent resident, you must prove you are still married after the two years. To do so, you and your spouse must file Form I-751 (“Petition to Remove Conditions”).
Form I-751 is a joint petition that requires the spouses to file together. They must submit the form at least ninety days before the conditional green card expires. Obtaining a permanent green card becomes challenging if you divorce during the two-year conditional residency period.
If you hold a CR-1 visa and divorce your U.S. citizen spouse within the two-year conditional period, to remain in the U.S., you may have to prove to USCIS that you married in good faith.
How Can You Prove You Had a Bona Fide Marriage?
Documents showing you and your spouse combined your assets and liabilities are among the best indicators that you had a legitimate marriage. These documents may include:
- joint bank statements with both spouses’ names
- deeds or titles of jointly owned property (such as vehicles or real estate)
- loan or mortgage documents indicating joint responsibility for payments
- joint credit card statements
- joint auto, health, and/or home insurance policies
- life insurance policies designating one another as primary beneficiaries
Proof that you and your spouse raised one or more children together – from that marriage or a previous marriage – can be persuasive evidence your marriage was legitimate. If you need to prove to USCIS that your marriage was bona fide, you should be represented by a Boston immigration attorney.
Can USCIS Waive the Form I-751 Joint Filing Requirement?
After a divorce, a conditional resident will also have to request a waiver of the joint filing requirement for Form I-751. You still must file a Petition to Remove Conditions, but a waiver allows you to submit the form without your spouse’s signature. An immigration lawyer can help you obtain that waiver.
Lawful permanent residents who are married to U.S. citizens have a three-year residency requirement before they may apply for citizenship, but if you divorce in less than three years, you must wait a total of five years to apply for naturalized U.S. citizenship.
What is the Penalty for a Marriage Fraud Conviction?
If a person enters a marriage solely to obtain a green card and evade U.S. immigration laws, that person (and his or her U.S. citizen spouse) may be charged with marriage fraud. A marriage fraud conviction may be penalized with up to five years in prison and a fine of up to $250,000.
Fighting marriage fraud is a priority for immigration authorities. They may not place you under surveillance or investigate your life, but they have the power to do so. Investigators may visit your home, interview your employers, speak to your friends, and monitor your online activity.
The marriage fraud law applies to United States citizens as well as foreign nationals. If a federal prosecutor charges you with marriage fraud, you should be represented by a Boston immigration attorney, and you should contact that attorney immediately.
Put the Team at Toland Law to Work for You
If you divorce your U.S. citizen spouse while you are a conditional resident, to protect your immigration status – and especially if your goal is naturalized citizenship – you should be advised by a Boston immigration lawyer at Toland Law.
We will help you prove to the immigration authorities that your marriage was legitimate. If your goal is naturalized citizenship, Toland Law will help you achieve that goal and ensure no mistakes or misunderstandings delay the process.
U.S. immigration laws and regulations are exceedingly complicated. If you are an immigrant in the U.S., you can’t take anything for granted. Get the legal help you need for any immigration issue you may be facing, and schedule a consultation with Toland Law by calling 857-347-3701.
