In this video, I'd like to discuss with you the impact of divorce on your green card.
Here at our firm, we know the immigration journey is long and you've worked really hard
and waited a while to receive your green card. It's very important for you to be able
to keep your lawful status and continue your life here in the United States.
In this video, I will delve into what happens if you are going through a divorce
or if you already divorced. How that impacts your green card. We know that can be
very scary and it's a question we receive a lot. So we want to make sure you have
accurate information about what happens in the next steps. Before, I dive into all of that
information, I'd like to introduce myself and our firm. I'm Attorney Megan Pastrana from
Corado-Pastrana, the immigration firm for couples, and we're dedicated exclusively to helping couples
navigate the immigration process. We know it's very important for you to have
up-to-date information and educational information. We regularly post videos on our YouTube
channel and in our Facebook group, Immigration for Couples. Please subscribe or feel free to
join our Facebook group at the link below. Also, please feel free to give this video a thumbs up
so YouTube will share it with other individuals who can benefit from this information.
Let's talk about what happens in the event of a divorce. What happens to your green card?
We know that you've worked very hard to get your green card and that it can
be really scary if that happens. If you are going through a divorce or if you get divorced.
What will happen to your green card?
First off, we know relationships are hard and it's extremely difficult to go through a divorce.
Having that cloud of what's going to happen with your immigration status over your head
is really scary and so we want to make sure you have information about what that means.
To give you a little background, for individuals who have something
called a two-year conditional green card, those individuals have to file another application
90 days before the two-year anniversary of that card. For individuals
who have married a United States citizen or a lawful permanent resident or if you've gone
through the fiancé visa process. If your marriage was less than two years old when you received
your green card, then your green card is a green card of two years. It's a conditional green card
and immigration expects, it's required, that you check in with immigration
90 days before the two-year expiration or the two-year anniversary of your card
and you have to file a removal of conditions application showing immigration that you and
your spouse still are in a relationship and still plan to have a future together.
That removal of conditions application is something that is jointly filed with you and
your spouse. But if you get a divorce, there is a way that you can file that application on your own.
While typically, the application is filed by both spouses, there are some exceptions
that allow you to file that application on your own, without your spouse.
Some of those exceptions include: death of your spouse, divorce
or if there was abuse in the relationship or if you would suffer
extreme hardship. If you were to lose your green card, extreme hardship is
another basis. I just want you to be aware of the other possibilities of being
able to file the application on your own. But this video is going to focus specifically on
the context of if you're going through a divorce or if you've already divorced.
If you have a two-year green card and if you are in the process of a divorce or if you've already divorced
and you're close to that two-year mark, you'll want to make sure you begin the process
of collecting information and documents so you can file the application on your own
for removal of conditions. Typically, you have to wait to file your removal of conditions
in the 90-day window before the two-year anniversary of your green card.
The rule is if you file the application with your spouse together, a joint removal conditions filing, you cannot
file it any earlier than 90 days before that two-year anniversary. They have a 90-day window.
But if you're going through a divorce or if you've already divorced, you actually can
file that removal of conditions application on your own immediately when the divorce occurs.
If it happens before that 90-day window, you can still file that application for removal of conditions
on your own right away. That's one of the main things that we definitely want to
make sure you're aware of. If a divorce occurs or if you're going through the process of divorce
you should actually also begin the process for removal of conditions on your green card
on your own. What does it mean to file your removal conditions application on
your own? That means that you're filing it without your
spouse. You don't need your spouse to sign anything and that your
spouse doesn't have to participate in the process because you're either going through a divorce
you're separated or you're already divorced. What immigration wants to see is that
you are divorced. So, you would have to submit the divorce decree to show that the divorce
has been finalized. Also, immigration wants to see that you entered the relationship in good
faith. Which means you entered the relationship, you entered the marriage because you were in love and
you had intended to have a future together but unfortunately, the relationship
ended. To prove that, immigration would want to see relationship evidence
of the two of you living together. Leases, maybe you have a home you purchased together, joint bills,
photos together. They still want to see relationship evidence from the time that you
were together along with the divorce decree and you'll also have to provide a statement
about your relationship and how you entered the relationship with the intention of
having a future together and that you entered the relationship for reasons of love
and unfortunately, the relationship didn't work out and explain what happened.
We all know relationships are hard and there can be
a lot of difficulties. There might be financial reasons
that it didn't work out. There can be so many reasons why marriages
unfortunately end and immigration just wants to see in your statement exactly what happened.
They can see that you had a good faith entering the marriage but unfortunately, it ended.
The last thing that we want you to be aware of with removal of conditions is
once you submit that application with all of that evidence with your statement with the
divorce decree, you'll have an interview with an immigration officer and that will be with just you
and the immigration officer will ask you questions about your relationship, about the evidence that
you submitted and about your statement and about why the relationship didn't work out. We know
that this process it can be extremely stressful. But we know you've also worked very hard
to get your green card and it's very important for you to keep it. So we wanted to make sure
you have all of the facts and know that you'll be able to go through this process alone. We know so
many people panic and think, "I'm going to lose my green card because I am going through a
divorce or I have divorced". That's not true. You get to have this opportunity to keep
your green card by filing this application on your own.
I hope that this video provided you with helpful information and clarity and peace of mind
if you happen to be going through this process. Take care and again, the links are below to subscribe to our YouTube channel and also
to our Facebook group so you can have additional support through your immigration journey. Thank you.