One of the fastest ways to obtain a green card is to apply through your U.S. citizen or permanent resident (green card holder) spouse.
If your marriage dissolves and ends in divorce, it’s important to know what type of green card you have. The effect of the divorce on your green card status depends on whether you have a regular green card or a conditional green card.
Note: To find out if you have a regular green card or a conditional green card, just take a look at the “Resident Since” date and the expiration date.
- If the difference between the two dates is 10 years, it means you have a regular green card.
- If the difference between the two dates is 2 years, it means you have a conditional green card.
Regular Green Card
The USCIS issues a regular green card, also known as a 10-year green card, to a married person who:
- Has been sponsored for permanent residency by their U.S citizen or green card holder spouse
- Has been married to their U.S. citizen or green card holder spouse for longer than two years
Once you obtain a regular green card, a divorce from your U.S. citizen or permanent resident spouse should not affect your green card status.
However, you still have to keep in mind that it is against the law to enter into a fake marriage to receive an immigration benefit. If the U.S. Citizenship and Immigration Services (USCIS) somehow finds out that your marriage was not real, it’s possible for you to lose your green card and get deported from the U.S.
Conditional Green Card
A conditional green card, also known as a 2-year green card, is issued to a married person who:
- Has been sponsored for permanent residency by their U.S citizen or green card holder spouse
- Has been married to their U.S. citizen or green card holder spouse for less than two years
A conditional green card holder has the same rights as a person who has a regular green card. The main difference between the two, aside from the shorter expiration date, is that within 90 days before the conditional green card expires, you must apply to remove the conditions on the green card or risk losing your green card status.
On a green card obtained through marriage, the conditions can be removed by filing Form I-751, Petition to Remove Conditions on Residence.
In most cases, you and your spouse will have to file Form I-751 together. This is called “filing jointly.”
But if you have divorced, it’s possible to file Form I-751 on your own. Just be aware that you will have to show plenty of evidence that your marriage was real and that you did not enter the marriage just to obtain an immigration benefit.
