Getting a green card is an important milestone in anyone’s life. It opens up opportunities and allows you to live and work in the United States legally. But what happens if your marriage falls apart after you’ve received your green card? This can be a difficult and confusing process, but don’t worry, we’re here to help! In this blog post, we will discuss the legal waters of getting a divorce after getting a green card. We’ll talk about how the process works, what to expect, and how to protect yourself during this difficult time.
Will You Lose Your Green Card If You Get Divorced?
In short, getting a divorce does not immediately mean that you will lose your green card. However, every green card holder is tied to specific conditions, a common one being that you must be actively married to an American citizen to keep your status. This means that if you get divorced, you will need to apply for a new green card through another process. However, there are also many green card holders that have no condition attached to their status. This means that getting a divorce will not affect your green card status at all.
What Happens If You Get Divorced Before Your Green Card Is Approved?
If you get divorced before your green card is approved, the process is a bit more complicated. In this case, the application becomes void, and you will need to start the process over again. This can be a difficult and frustrating situation, but it is important to remember that you are not alone. There are many resources available to help you through this process.
What Happens If You Get Divorced After Your Green Card Is Approved?
If you file for divorce after green card approval, you will need to apply for a new green card. This can be done through a process called “adjustment of status.” Adjustment of status allows you to change your status from a green card holder to a permanent resident. To do this, you will need to file an application with the USCIS and provide proof that your marriage has ended. Once your application is approved, you will be issued a new green card.
What If I Have Children?
If you have children, the process of getting a divorce after getting a green card can be even more complicated. You will need to consider child custody and visitation arrangements, as well as child support. It is important to seek the advice of an experienced attorney to help you through this process.
Children are also often seen as a priority when it comes to green card status. If you have children, you may be able to keep your green card even if your marriage ends. This is because the child’s relationship to the parent is what is considered, not the marital relationship.
What Are the risks of Getting a Divorce After Getting a Green Card?
There are some risks associated with getting a divorce after getting a green card. One of the biggest risks is that you may not be able to stay in the United States if your marriage ends. Another risk is that you may have to start the green card process all over again. This can be a time-consuming and expensive process. Finally, if you have children, you may have to deal with child custody and support issues.
Final Thoughts
The idea of being forced to leave the United States after getting a divorce can be scary. However, it is important to remember that you have options. There are many resources available to help you through this process. If you are facing the prospect of getting a divorce after getting a green card, we encourage you to seek the advice of an experienced attorney who can help you navigate the legal waters.
