Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique green card solutions like marriage to a U.S. Citizen. But what happens if you and your petitioner get a divorce?
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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
How Does Divorce Impact Your Green Card Petition?
See this topic on our YouTube channel – Divorce and Immigration: USCIS Marriage-Based Green Card Process!
The answer to this question is complex because it depends largely on where you are in the green card filing process. We’re going to break down the differences in how this changes your situation and chances of success.
Separation After Green Card Filing
If you and your petitioning partner have separated after filing for your green card, there are some things you need to consider. This refers to those of you who are in the U.S. going through the adjustment of status process, but also to those of you who are overseas and your spouse is in the United States as a citizen or legal permanent resident.
So, what should you consider?
Separation Before the Interview
If you and your spouse have separated before attending the marriage petition interview, you might be wondering what will happen once you get the interview notice.
Will you be able to show up on your own? Will you be denied due to your spouse’s absence? Can you and your spouse show up together and pretend in order to get you a green card? – These are all questions that may be keeping you up at night as you wait for the interview to come up.
In this case, the best thing you can do is reach out to an experienced immigration lawyer for guidance. Their expertise in these issues will help make sense of your case and your choices moving forward.
Our team of New York immigration lawyers at McBean Law sees these kinds of cases quite often, and we would be more than happy to assist you on your green card journey. Please contact us for further assistance.
Separation After the Interview
On the other hand, if you’ve already gone through the interview, you may be worried about what happens next if the government requests additional evidence or calls you in for a second interview.
If your case gets denied at this point, that is even more of a cause for concern. In these complicated cases, the best course of action is to partner with an immigration lawyer who can help you organize your petition and maximize your chances of success.
Separation After Approval
If you and your petitioning spouse separated after your green card case was approved, you may be thinking that you’ve dodged a bullet, in a sense.
However, you have to consider this – Did you get a 2-year green card, a.k.a. the conditional residency card? If so, and if you have children that were also filed for as well, you have to think about your future once that conditional green card expires.
You will need to file for the 10-year green card afterwards, a.k.a. permanent residency. And to do this, you will need to have a legitimate petition route to follow; Due to the complicated nature of these cases, it is a good idea to reach out to an immigration lawyer for assistance.
Divorce Before Approval – What Can You Do?
What happens if you and your petitioner are not only separated, but divorced in the legal sense, before your case has been approved by the government?
One major factor is your interview status – have you already attended the marriage petition interview or not?
If you are still waiting for your interview and got divorced in the meantime, this has significant implications for your case and you will need professional help in order to have a chance at success.
If you have already attended the marriage petition interview and got divorced afterwards, but haven’t gotten approval for the petition yet, you will wonder how this will affect your case long-term for naturalization purposes.
Divorce After Approval – What Can You Do?
If you get divorced after your green card has been approved, and you’re now seeking to apply for naturalization, you may be wondering how soon thereafter you could become eligible.
One thing you need to consider is this – During the naturalization process, the government will be concerned about your marriage and whether you lived in marital unity for a certain period of time prior to and after your petition.
Wherever you find yourself in this process, whether it is separated or divorced, before or after the interview, before or after approval, your case will be complicated and you will need professional help for a chance at a successful permanent residency petition.
Our team deals with these kinds of cases often, so consider reaching out to us for assistance with your petition.
For more on this topic, please see our blog about What You Should Do Next If You’re Divorced or Separated.
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
