07.29.14

Green card through marriage and now divorced?

Posted in Family Based, Green card, Marrying U.S. citizen at 3:08 am by Lalita Haran

Are you worried that you will be deported because you are going through a divorce? Are you spiteful that your ex-spouse married you to get the green card and because (s)he divorced you, (s)he must now be deported?

Permanent residence through marriage to a U.S. citizen is a benefit recognizing personal right to enter into a marital relationship with someone you choose. Your significant other can be of any nationality; you still have a right to be able to live together in the United States because it is your right as a citizen of the United States. So, the foreign national spouse is granted the greencard upon marrying the U.S. citizen.

A recently married foreign national spouse obtains a conditional green card with a two year expiration and must appear before the USCIS again to obtain a permanent residence. Approvals are granted when the USCIS is satisfied with the genuineness of marital relationship and rules out fraud in marriage.

Immigration law has evolved to recognize that genuine marital relationships can terminate sooner or later for acceptable reasons. It recognizes individual liberty of the foreign national and does not seek to bind him or her in an unhealthy marriage just because the spouse obtained permanent residence through marriage.

Divorce is stressful and estranged spouses can be so spiteful that they would like to take away from or deprive the other of all the benefits. What is better(bitter) than being able to use immigration law to attack the soon to be ex-spouse that he or she loses the permanent resident status gets deported?

Not quite! Immigration law rules promote individual rights but do not render the foreign national spouse so vulnerable to the spiteful attack of the U.S. citizen (soon to be) ex-spouse. A divorced foreign national spouse should satisfy the genuine marriage criteria (must be proactive at this stage) and can protect his or her marriage-based permanent residence.

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