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Divorce Affects on Conditional Permanent Resident
If my spouse is not a permanent resident, how will this impact the divorce? What effects can divorce have on a person who doesn’t have a permanent green card? These are questions we regularly get. Divorce can have various effects based on the situation. A person is called a “conditional resident" if their spouse's status was used to remain in the US. Conditional Residency can be impacted by a marital dissolution i.e. a divorce. The impacts of status can vary based on the facts of the case. So a conditional resident can still possibly become a permanent resident after a divorce.
Divorce Issues for Conditional Permanent Residency
Becoming a permanent resident is a difficult process in itself. It becomes complicated when someone divorces during the conditional residency status phase. Usually, when someone earns conditional status through marriage, it lasts for 2 years. After that, the person can petition for permanent residency.When trying to make conditional to permanent status, both spouses file Form I-751 together. But in a divorce, the non-citizen spouse can file Form I-751 by himself or herself and fill out a waiver.Divorce makes it more tricky to get a permanent residency, but still doable. The key thing is for Conditional resident to clearly demonstrate that the marriage was legitimate. You need to show that you entered the marriage in “good faith,” and the marriage was not fraudulent.You can prove a good faith marriage by showing evidence of a true relationship – joint bank accounts, travel photos, joint expenses, joint phone accounts, co-ownership of property, and so forth.
No Effect On Permanent Resident Card Holders
Things change greatly for those no residents who do have permanent resident status. If you are a permanent resident during the divorce (meaning you have a “permanent green card”), then divorce should NOT affect your status. The person with a permanent green card will simply keep that card, without any changes in status. But he or she will have a different waiting time for citizenship. Those who divorce with a permanent green card must wait 5 years before applying for citizenship, while those who remain married only need to wait for 3 years.
Contact The Murphy Law Firm for More Information
Hopefully, this sheds a bit of light on the effects of divorce on certain non residents. If you’d like to learn more, reach out to The Murphy Law Firm today by calling 240-493-9116.
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