People who have close familial relationships with those living in the United States may be able to immigrate. Current immigration policies prioritize reuniting family members and supporting developing family units.
United States citizens can seek visas to bring new spouses or fiancé to the country. Provided that background checks and attempts to validate the relationship do not lead to any disqualifying issues, a citizen can help a partner living abroad legally enter the country.
The foreign national spouse is typically eligible for a conditional green card. They may eventually be able to become a citizen. However, not every marriage lasts indefinitely. Some people divorce despite their immigration status.
Can the end of a marriage that led to a green card result in an immigrant’s removal?
Conditional green cards are temporary
People who enter the country through marriage have to remain married until they qualify for a standard green card. They generally need to remain married for at least two years to remove the conditional status from a green card.
Conditional green cards help validate the legitimacy of relationships. They prevent people from briefly marrying solely for the purpose of securing a green card. However, even those who enter into a marital relationship with legitimate intentions to establish a long-term relationship may decide to divorce.
Perhaps their spouse is not the person they believe them to be, or maybe issues, such as domestic violence, complicate the dynamic between spouses. A foreign national married to a United States citizen does not necessarily need to remain trapped in an unhealthy or unsafe situation just to preserve their legal status in the United States.
Divorcing after the marriage lasts at least two years may have no impact on an immigrant’s status. Those who choose to divorce before removing their conditional status could be at risk of losing their green cards. They may need to look into alternative visas that allow them to remain in the country. Victims of domestic violence and other crimes might be eligible for U-visas, for example.
Learning more about the rules for spousal green cards can help people plan for the future. Divorce can complicate family-based immigration. People in unhappy marriages may need to review their situation carefully with a skilled legal team to determine their rights.
