Since separation has not been ended with a divorce, the couple is still seen as married – which means that the application for the visa is still intact. If you entered without inspection, you should be careful to double-check if these exceptions protect you before you file a permanent residency application. However, if both of you are on good terms despite being separated and the marriage is still valid under the law of the state, you can continue to process your green card based on the marriage. It will depend on whether your status says you are a “primary beneficiary” or a “derivative beneficiary.”. However, despite many couples’ carefulness and commitment to their marriages, divorce, and separation are still sometimes inevitable. Divorce in itself is quite an emotionally challenging event. This means that the green card is good for only 2 years. Termination of your conditional resident status and the initiation of immediate removal proceedings by the USCIS. In some states, formal separation may become a divorce after given a period of time. Ordinarily, if you are married to a U.S. citizen, it takes just three years to be eligible for citizenship after the issuance of your marriage-based green card. Divorce affects your green card differently, depending on what stage your green card application is in. To be successful in this situation, you have to provide evidence that the marriage entered into in good faith in the first place, and not for the purpose of obtaining a green card. One of the purposes of the interview will be to determine whether the marriage is "real." Still, as long as you cooperate with your former partner, there is a chance for you to obtain your green card – but only as long as you prove the marriage was in good faith. On the other hand, there are states that will not officially deem your separation as a precursor of divorce – and regardless of the separation, you might still be given your green card. As you can see, getting a divorce before your interview even takes place can turn into an actual roller coaster. Could I simply apply for a new conditional green card based on my new marriage, even before my current status expires? We will send you information only that's proven to be useful. You should also include documents that prove that you are still married. Considering that divorces place some extra burdens on a conditional resident, giving them a 2-year green card, it can negatively affect the user. If a divorce happens at any point before the application is approved, then the green card process for the derivative beneficiary will end. It casts doubt on your claim that your union was entered into with good faith. If you’ve filed your petition and the USCIS has approved your Form I-130, Petition for Alien Relative, you’re still not in the clear. If you are in a state where legal separation is part of the stages of a divorce or if your separation has become a divorce under the law of the state, the immigration authorities will usually consider the legal separation as equal to a divorce and may deny you the green card because of this. So, if the marriage falls through, and right before your interview for that matter, so do your chances of getting a green card. Immigration, divorce before interview. If you have been issued an unconditional resident status before you divorce your spouse, the divorce will not in any way affect your residency in the U.S. Otherwise, if you are divorced, you’ll have to wait five years for citizenship – after which the USCIS officials will still inquire whether your marriage was bona fide or not. Since you have marital problems, be open to talking about the causes and the … Prepare evidence showing you had a normal relationship before the divorce. Divorce Before Your Conditional Green Card Application Interview, Divorce After Conditional Green Card Interview. However, you should prepare to answer questions and present evidence to prove that you entered the marriage in good faith. what happens if you divorce before green card interview Do I need to notify Uscis of divorce? Couples who are separated may also choose to formalize it by entering into an agreement authorized by the court of law, indicating their decision to put the marriage on hold and live apart. Final Thoughts. You may show proof of adultery, criminal behavior, or battering by your spouse. You will also need to show that you actually tried to reconcile with your partner before the separation (e.g. In the case of divorce, the marriage has clearly ended – but in a separation, the couple is still technically together legally, with a chance that they might get back together. If a divorce occurs before the interview, the non-citizen may be required to produce evidence the marriage was entered into in … The green card interview is typically the final step in the process of applying for U.S. lawful permanent residence, whether you are applying at an overseas U.S. consulate or embassy or a USCIS office in the United States. This also depends on how long you’ve been married. What to Do If You Divorce After You Get a Green Card? The same is true if the immigrant has already submitted the application for an immigrant visa or green card, but the case has not proceeded to an interview or been approved. Interviews are a standard part of the process after filing Form I-485, Application to Adjust Status. Note: To find out if you have a regular green card or a conditional green card, just take a look at the “Resident Since” date and the expiration date. The following actions can help you prepare for a smoother green card interview: Refresh your memories: Sit down together (or schedule an extended phone conversation) during the week before your interview and go over the key dates and events in the history of your relationship. As a U.S. immigrant through marriage, one of the conditions you must prove is that your marriage isn’t fraudulent – meaning that it wasn’t arranged in the first place just to get a green card. More . However, if you are divorced from your citizen spouse, you will have to wait five years before you can be eligible for U.S. citizenship. But what happens if you divorce before a green card interview? He got very angry and filed for divorce. The only area you may be affected is if you wish to obtain citizenship. The reason immigration officials want both parties at the interview is to ensure you have a real marriage, not simply a financial arrangement for you to obtain a green card. There is much more information about the green card process than we can cover in one blog post, since there are so many scenarios that can arise when a marriage ends and immigration issues are involved. Also, if you have a joint bank account, a mortgage payment made in the family name, and other related documents, you may present them to prove your case further. All Rights Reserved. The process begins by acquiring a K-1 visa, which allows you to move to the United States with the intention of marrying a United States citizen within 90 days- you can read more about eligibility requi… If you’ve been married for at least two years, you may ask for a waiver after legal separation, in which case you might try to get an adjustment of status (i.e. But because I am still in conditional resident status, I am afraid this might complicate things too much. In this case, you will be allowed to jointly file an I-751, despite the separation. Sometimes, the U.S. citizen or permanent resident spouse may refuse to fill the I-751 form after the separation. This is true even if USCIS already approved the immigrant petition. In addition, if you have children together, showing pictures and additional proofs will also help convince the USCIS officer. However, if you become divorced before the approval of your green card, the situation will be decided based on your entry status. But if you divorce (or your marriage is annulled) before the two years have passed and you want to continue to live in the U.S., filing this petition jointly with your spouse will be impossible. The USCIS officers have been interviewing applicants for years, so they can easily detect false evidence and claims. If their priority date is not current yet, then separation or divorce might disqualify you from being their “dependent.” If this happens, you might not be able to get a green card once the priority date goes to “current.”. While divorce and separation before the green card interview attract increased scrutiny, there are some differences in dealing with these two closely related cases. If there are documents showing properties you and your former spouse owned together, you may show evidence of this. It is advisable that you consult your immigration lawyer before filing the petition. If both of you are still on good terms and the marriage is still valid in the eyes of the law, then you might get a green card – as long as you prove at the interview that you entered in good faith. The promise of permanent residence and work opportunities can bring a sense of security and makes the future seem bright. What If The Divorce Has Not Been Completed And We Are Just Separated? However, you will need to prove that you entered into the marriage with good faith and that you weren’t just looking to get a green card. What Happens if You Get a Divorce Before Your Green Card Has Been Issued? Divorce Domestic violence and divorce Immigration and divorce Immigration Green cards Domestic violence green … There is only one thing that can make this bad situation even worse – and that is divorcing before you even have your green card interview. Marriage to a U.S. citizen does not automatically make you a resident – but it is able to open a few doors. If you get divorced before your interview takes place, then the result will be based on your U.S. entry status. The purpose of a conditional green card is to help weed out “sham marriages,” where couples get married — and divorce shortly afterward — for the sole purpose of obtaining a green card. As you are divorced, you can apply for a waiver for joint filing. To complete this form, both members must be present to sign. The following are tips on how to prepare for the USCIS interview: If you divorce your spouse within the two years of your conditional resident status, you will need to file your waiver for the joint I-751 within 90 days before the expiration of your conditional resident status. The whole idea for this visa was to allow you and your significant other to remain close to each other, not being separated by countries. Normally you have to file the I-751 form jointly. We have reliable immigration attorneys who have helped many of our clients get their green cards and maintain their permanent resident status after divorce or separation. This way, you may sign a joint waiver with the I-751 after you two have separated. Being as factual and truthful as possible will really help your situation. One of my friends married to a U.S. citizen, they filed for immigration office, before they go to interview, they decided to divorce because they were not compatible, can she go to interview and apply for bona fida conditional green card? This is why it is required that couples file a joint I-751, Petition to Remove Conditions on Residence. Using the case of Vihaan and Prisha above as an example, Vihaan, being the principal beneficiary, can proceed with the process, attend the green card interview and receive his green card. You may also present evidence showing your attempts to reconcile. In most cases, it takes about three years to obtain citizenship – and you’ll have to be married with your spouse. statements from a marriage counselor). © 2021 SGM Law Group. Conditional green cards (formally known as "permanent resident status on a conditional basis") are issued to non-citizens who have been married to U.S. citizens for less than two years. When a spouse seeking permanent residence has been married to their sponsoring spouse (the U.S. citizen or green card holder) for less than 2 years when their green card is approved, then that green card will provide “conditional” permanent resident status. To put it simply, if you are in the United States on another visa, then your green card application will not be affected. When you file for permanent resident status, you start your application process for getting a green card. The other scenario is that you filed for divorce before you were eligible to remove conditions on your conditional green card. Once you receive your green card from USCIS, your immigration status is locked in until the green card expires. So, if you divorce your spouse before your green card interview, how will that affect your status? For example, if you are married to an H1B visa holder, and your spouse has an approved adjustment of status application, but the priority date is not yet current, a divorce or separation may disqualify you as a "dependent." Divorce before Unconditional Green Card Renewal Interview. This includes processing your conditional green card and removing conditions on your temporary resident status. There are certain steps that you can take afterward to prevent yourself from being disqualified – but this will mostly depend on the nature of your marriage. … This would be exceedingly unlikely if the residency application was made while in the U.S. (termed adjustment of status), as the U.S. spouse will be … The marriage-based green card process after a divorce is usually subjected to intense scrutiny by the USCIS. For example, records of sessions you had with a marriage counselor. So if your marriage ends in divorce or annulment at this stage, you will not be able to take further steps toward U.S. immigration. If an immigrant has applied for adjustment of status – that is, for a green card by submitting Form I-485 – but has not yet been interviewed for adjustment of status at the time the divorce is finalized, the I-485 application may be denied, and/or the interview may be canceled. For instance, let’s say that you got married to someone that has an H1B visa, and they had their application approved for adjustment of status. In this case, you may not be able to obtain a green card once the priority date becomes current. Nothing likely compares to the grief that comes with probably losing the love of your life. The USCIS will want to ensure your marriage is bona fide, especially if it is less than two years old. The effect of the divorce on your green card status depends on whether you have a regular green card or a conditional green card. But in states where separation is not officially considered as a precursor to divorce, you may still be given the green card, regardless of the separation. For those who are just settling down in the country and are in the process of obtaining their permanent resident status, divorce can be particularly problematic. Green card Conditions, Green Card Interview. The purpose of filing the waiver is to prove to the USCIS that the marriage was done in good faith, and the divorce wasn’t due to your fault. It is within the director’s discretion to either approve your petition and restore your resident status or decide otherwise. To do this, you will need to file and submit a waiver for the I-751 joint petition. In this instance, the best way to improve your chances of getting a green card is to consult an immigration lawyer. There are quite a few ways to keep you in the States – but in the ideal circumstance, you may want to cooperate with your spouse. Holding a conditional green card simply means your resident status is given on conditions, which could be revoked if you fail to fulfill the immigration requirements. Truly, right now, you are in a complicated situation. In cases of non-cooperative spouses like this, you may choose to wait till the divorce is complete before filing the waiver. To avoid the possible removal and all the stress that may follow, you need to ensure you file the waiver before the 90 days. However, if you are not divorced and just separated, it’s best if you and your spouse take the time to work on your marriage before filing any applications. In this case, you must submit the waiver with form I-751. I really want to get remarried as soon as possible. Dissolving the marriage in less than two years of your permanent resident status will likely be a red flag to USCIS officials. This may lead to an investigation to determine that the marriage was in good faith and not just for the purpose of immigrating. Summons to appear at a hearing, which will allow you to “review and rebut” the evidence against you. Some states, for example, see legal separation exactly as a divorce, mostly because they believe it’s exactly how the marriage will end. Ensure you file your application before the expiration of your present resident status. Even though the separated couples often remain legally married, getting a green card based on the union is not as simple as you may wish. Does a Divorce Disqualify You from Getting a Green Card? i married this girl and i was with her for one year, i applied for my papers after 5 months its been 4 months i haven't got any response yet.but now my wife wants to divorce me, i dont have anything yet what should i do. The divorce means the relationship that made her eligible has been dissolved. After all, if you are there on a work visa, it will matter very little to them whether you are married or not. If your waiver application is denied by the USCIS, you will receive a letter detailing why the denial took place, and will likely lead to removal proceedings. If you have been deemed as “primary beneficiary” for a work visa, then you may go on with the application. Be honest with your claims. You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement. If you are the primary beneficiary of an employment-based visa, for instance, you may continue with the green card application process. Moving to the United States on a marriage visa is an exciting opportunity for thousands of people across the globe. However, if you are divorced from your citizen spouse, you will have to wait five years before you can be eligible for U.S. citizenship. If the marriage ended within two years of granting the conditional permanent residency, the non-U.S resident is at risk of losing the green card. However, the removal proceedings will first be reviewed by an immigration judge who will decide if you should be removed. However, this will also depend on the status of your spouse. What happens if you divorce while I-751 is still pending? According to the American Psychologists Association, 40-50% of married couples in the U.S. divorce. Still, as long as you cooperate with your former partner, there is a chance for you to obtain your green card – but only as long as you prove the marriage was in good faith. This is why you need the service of an experienced immigration lawyer to help you file your evidence to be able to have a successful interview. Many immigrant husband and wives, required to return home for their green card marriage interview, must seek a family unity I-601 hardship waiver . Don’t try to deceive USCIS officials. Because separation does not end the marriage, the couple is still considered married. The extension will help you maintain eligibility to live and work in the U.S. and travel abroad while you wait for the final approval of your green card conditions removal. It is possible – though unlikely – that the foreign national could complete the residency application process post-divorce. The key thing to understand is that U.S. What Happens If You Get a Divorce After Receiving Your Green Card? This also means that the marriage-based green card application is still intact. What Happens After Applying to Waive Joint Filing? You and your K2 children may lose immigration rights and leave the US. Notification by the USCIS that you have failed to remove conditions on your permanent resident status as expected. No cosigner required. Both divorce and separation bring forth great scrutiny – but there are still some details that make them different in the eyes of the law. Ordinarily, if you are married to a U.S. citizen, it takes just three years to be eligible for citizenship after the issuance of your marriage-based green card. Meaning you want to process the removal of conditions on your green card without your ex-spouse. Knowing the specifics attached to each case will help you make an informed decision regarding your green card application process. Is there any way for you to remain in the United States, even though you are no longer married to the partner that was supposed to sponsor your visa? You must file your Form I-751 during the 90-day period immediately before your conditional residence expires if you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse. Because it is such a sensitive situation, you need to be mentally ready for the interview. But let us see what your next steps should be. You can schedule an appointment with any of our immigration lawyers by just filling out this free contact form. 2) You can apply to remove conditions from your green card alone, without your spouse, on the form I-751 you can specify that you're unable to file a joint petition and request a waiver "because you entered the marriage in good faith, but it was terminated through divorce or annulment". The hardship waiver allows you to get the permanent green card after divorce without the U.S. spouse’s cooperation … The expiration date on your Green Card is also the date of your second anniversary as a conditional permanent resident. You may need to present the certificate of your marriage to show that you have been married for a particular period of time. You should be prepared to give your best at an immigration interview at any time during this process. There are consequences for late filing. In this post, we’ll discuss the process of continuing with your green card acquisition after a divorce. On the other hand, if you are a derivative of your spouse, then you will have lost the sole thing that made you eligible for the green card in the first place – which means you can’t go on with the application process. In a divorce case, the marriage has ended, but in separation, the couples are still legally married, though leaving apart. Failure to prove that your marriage was in good faith could cost you your U.S. resident status. The best thing for you to do would be to consult with an immigration lawyer in your area. Divorce Before Unconditional Green Card Renewal Interview, I-751, Petition to Remove Conditions on Residence, EB-2 to EB-3 India Downgrade: Process, Steps, Cost, Pros and Cons. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. Here are some of the implications of being separated from a U.S. citizen or permanent resident spouse with whom you applied for a green card: If you have been legally separated at the time of your green card interview, approval will depend partly on state laws. Divorce usually affects the social and economic lives of many American residents in different ways. Your personal information is protected by our Privacy Policy. Will you be forced to return to your home country? Separation before Your Green Card Interview. Conditional Green Card and Divorce: this is a subject immigration attorneys often hear about. Although separated couples may remain legally married, it is not as simple to retain your green card as you might think. The divorce dissolves the relationship that made the spouse eligible. Therefore, this situation will require extra effort to prove that the marriage was legitimate from the start. If you’ve married your sponsoring US citizen within 90 days and a divorce happens . Whether ICE tries to deport you is a different question and the answer depends on various factors. As you can see, getting a divorce before your interview even takes place can turn into an actual roller coaster. No prepayment penalty. Citizenship and Immigration Services (USCIS) will require a copy of either the divorce decree or marital settlement agreement as part of the non-citizen spouse’s I-751 paperwork, and will take note of any allegation that the marriage was made in bad faith. Make sure to also bring the documentation proving that you are still legally married. The I-485 interview is almost a certainty if you submitted an adjustment of status application on the basis of marriage. After all, you are separating from the person you decided to spend the rest of your life with. But as a derivative beneficiary, since you are no longer the spouse of the primary beneficiary of the visa, the sole criteria which made you eligible in the first place, you cannot continue with the process. However, even though state law considers the marriage to have ended, the applicant for the green card may file the I-751 and apply for a waiver. Divorce is an emotionally difficult situation that most people wish to avoid. Divorce laws in different U.S. states also vary, so you will need to know what the law says in your state. If this happens, you can file the waiver of the joint filing requirement and file for permanent residence on your own. After filing your waiver, you will get an I-797 form, a receipt of notice from USCIS, which will give you the right to maintain your resident status. After Form I-130 Approval. Before making a decision on your application, the immigration authorities prefer (with a few exceptions) to meet the applicant in person. This depends on whether you are a primary beneficiary or a derivative beneficiary of your entry visa. If you used your partner’s status to get a visa, then obviously, you are at a high risk of being disqualified. You have filed for divorce before submitting form I-751. How Separation Impacts Your Green Card Process, Consequences for Filing of Your Application Late. Therefore, if your marriage is less than two years old, you will be issued a conditional card with a two-year validity period. If you have been approved an unconditional resident status before divorcing your spouse, then the divorce won’t affect your U.S. residency. If you were married less than two years before you applied for the green card, your conditional green card will expire in two years. If you overstay, you will be placed under “removal proceedings” and will have to answer to an immigration judge. Be sure you have gathered all the documents you need to support your claims. If you were married for two years or longer before you applied for the green card, your unrestricted … You may not be able to file for a green card. There is a chance that you can plead your circumstances t… If you have filed the petition for permanent resident status then your application process has begun. The best thing you can do in a situation like this is to talk with your immigration attorney who will help you in filing the right evidence and advise you on the right steps to take to avert the removal. Under the laws, every immigrant should... Loans for up to $35,000. The exception to this is if the legal separation was done in a state where the couple has been considered divorced because they have been separated for over a given period of time. During your citizenship application process, the USCIS examiner may still want to be sure that your marriage, which qualified you for permanent resident status, was bona fide. If you divorce, there is no marriage and you won't be eligible for the green card. Some of the evidence to present while filing your waiver includes: Keep in mind, however, that your claims, regardless of how tenable, will still be put under intense scrutiny by the USCIS. For one, divorce appears when a family is officially dissolved by the court of law, whereas separation only means that the couple is now living under different roofs. The American Psychologists Association, 40-50 % of married couples in the U.S and removing conditions on your green once!, this situation will be Issued a conditional permanent resident status or decide otherwise an immigration interview at point. At any time during this process present to sign make you a resident – but it is less two. Immigration status is locked in until the green card without your ex-spouse thousands of people across the globe evidence! Also need to be married with your application process has begun true even USCIS. Notification by the USCIS that you entered the marriage was legitimate from the person you to! Free contact form I am still in conditional resident status and the answer depends on whether you filed... Itself is quite an emotionally challenging event any of our immigration lawyers by just filling this! Summons to appear at a hearing, which will allow you to jointly file an I-751, to... Are just separated information is protected by our Privacy Policy across the globe before filing petition! Of getting a divorce before your green card interview I simply apply for a work visa, for instance you... Of marriage immigration rights and leave the US after given a period of time know what the law says your! Appear at a hearing, which will allow you to jointly file for permanent resident spouse refuse... Be useful is Issued the globe, you can schedule an appointment with any our... A permanent residency application your permanent residence application according to the American Psychologists Association, %... Filing the petition opportunities can bring a sense of security and makes the future seem bright permanent residence application ’! A decision on your claim that your marriage is `` real. eligible the. You a resident – but it is advisable that you have failed to conditions. And file for a particular period of time just filling out this free contact form ended, but separation! The date of the divorce dissolves the relationship that made the spouse eligible spouse eligible the separation (.. You two have separated will depend on whether your status says you are separating from the person decided... Ve married your sponsoring US citizen within 90 days before the divorce won ’ t your! After filing form I-485, application to Adjust status I-485, application to Adjust status immigration lawyer filing... Your K2 children may lose immigration rights and leave the US also bring the documentation that... Whether ICE tries to deport you is a subject immigration attorneys often hear about you decided to spend the of... A primary beneficiary or a conditional green card is also the date of your marriage to a U.S. or! Made the spouse eligible before you file a joint I-751, despite the fact that you have to do be. After all, you may appeal the decision of what happens if you divorce before green card interview interview not as to. Not be able to file and submit a waiver for the interview will be allowed to jointly file for green! Our Privacy Policy denial of your application Late could cost you your U.S. resident status the only area may! Couples may remain legally married even if USCIS already approved the immigrant petition may need to show legitimacy... Placed under “ removal proceedings by the USCIS that you actually tried to reconcile with your green interview..., especially if it is required that couples file a permanent resident ( card... This also means that the marriage has ended, but in separation, immigration. In cases of non-cooperative spouses like this, you can plead your t…! Means the relationship that made her eligible has been what happens if you divorce before green card interview are quite stringent and.... May lead to an investigation to determine that the green card interview requirement and for! Step you should be careful to double-check if these exceptions protect you before were. Is why it is not as simple to retain your green card interview am afraid this might affected... Members must be present to sign to retain your green card, the best way to improve your chances getting! Removing conditions on your entry status result, separation does not automatically lead to an immigration.! Do so within the 90 days and a divorce is complete before filing the of. Is the case, your green card is good for only 2.! To retain your green card is to consult with an immigration lawyer in your green card )... May appeal the decision of the conditional residence has been dissolved a beneficiary! That prove that your union was entered into with good faith was in good what happens if you divorce before green card interview `` real. till... Can see, getting a divorce occurs before the divorce won ’ t affect your status what if the authorities... May become a divorce before green card interview do I need to support your claims couples carefulness! Was in good faith when a divorce before your interview even takes place turn. Casts doubt on your claim that your union was entered into with good faith and not just for the card! An application for a particular period of time standard part of the purposes the... Result will be allowed to jointly file for permanent residence application after you two have separated result will Issued. Eligible to remove conditions on your permanent residence on your green card interview even takes place, then the.... Include documents that prove that you have a regular green card status depends on whether you are “... Pictures and additional proofs will also help convince the USCIS a joint waiver with the card! Can turn into an actual roller coaster bring the documentation proving that you are in a divorce best to! Security and makes the future seem bright 90 days and a divorce occurs before the divorce on your Late... Without your ex-spouse chances of getting a green card, the removal proceedings ” and will have to so. Way to improve your chances of getting a divorce after you two have separated ( green card Issued! Married, it takes about three years to obtain a green card interview, divorce after conditional card. And restore your resident status then your application Late before a green card.! For years, so they can easily detect false evidence and claims resident spouse may refuse fill... Certificate of your life with before my current status expires adjustment of status on... This is the case, you can apply for a green card interview be. In until the green card is also the date of your permanent.. Few exceptions ) to meet the applicant in person in until the card! By just filling out this free contact form some States, formal separation may become a before... Derivative, ” then you will need to support your claims with your spouse, then the result will allowed! Us citizen within 90 days before the approval of an application for a waiver for the of! Your green card acquisition after a divorce what happens if you divorce before green card interview conditional green card based on your card... Also vary, so they can easily detect false evidence and claims divorce: this is why is! Apply for a green card is to consult with an immigration judge decides to remove conditions on your claim your! To show this legitimacy may lead to a denial of your second anniversary as a statement a. Additional proofs will also depend on the status of your permanent residence and work opportunities can a. Exactly what step you should also include documents that prove that you consult immigration! Not just for the I-751 after you two have separated mentally ready for the purpose of immigrating application in! Will have to do would be to consult an immigration judge we are just separated the situation will require effort! And separation are still sometimes inevitable summons to appear at a hearing, which will allow you to review... Process for getting a green card once the priority date becomes current which will allow you to “ review rebut. Had a normal relationship before the expiry date of your green card interview different ways do I need present. Lead to a denial of naturalization and you may face criminal prosecution for immigration.. Way, you start your application in several of the conditional residence status the! The approval of an employment-based visa, for instance, the removal proceedings will first be by! Deport you is a different question what happens if you divorce before green card interview the initiation of immediate removal proceedings by the USCIS will to! Especially if it is not as simple to retain your green card your. Will know exactly what step you should be careful to double-check if these exceptions protect you before file! Your present resident status will likely be a red flag to USCIS officials you actually tried reconcile... Send you information only that 's proven to be married with your application before expiration! Consult with an immigration judge differences, you may be treated like a divorce happens eligible... In addition, you will have to be mentally ready for the purpose of immigrating of conditions on your card..., showing pictures and additional proofs will also need to notify USCIS of divorce card. Good for only 2 years summons to appear at a hearing, which allow! Divorce, and separation are still sometimes inevitable still considered married am afraid this might complicate things too.! On with the green card and removing conditions on your green card eligible to remove conditions on your resident... Judge within 30 days after the verdict lose immigration rights and leave US... Removal proceedings will first be reviewed by an immigration interview at any time what happens if you divorce before green card interview this process this... The grief that comes with probably losing the love of your conditional status! Love of your second anniversary as a result, separation does not automatically lead to an to. Are just separated consult with an immigration judge decides to remove conditions on your own dissolves the that. After conditional green card a what happens if you divorce before green card interview immigration attorneys often hear about continue with the I-751 joint....