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Can you get divorced after you get a green card through marriage?

| Mar 22, 2021 | Family Immigration

You get married to a U.S. citizen and then get a green card in order to stay in the country. Not long after your marriage, though, the relationship starts to have some troubles. Your partner brings up divorce. 

This makes you nervous. If they divorce you, is that going to mean you lose your green card? Are you going to be forced to leave the country just because your marriage ended?

Will divorce make the government think your marriage wasn’t real?

The biggest question to ask is just how the government perceives your marriage and how they will look at it after a divorce. They don’t have to deport you, but they could start asking if the entire relationship wasn’t a scam to get a green card — insinuating that you were never in love and that your marriage was fake. If they determine that to be the case, then they can remove you. If they think that you were in love and just happened to get divorced — as so many couples do — then you may be allowed to stay.

One thing to note is that the government may choose to give you a conditional green card. There are ways to have the conditions removed, but these cards are used for relatively young marriages. Breaking the conditions could lead to a change in your immigration status.  

Moving forward with a complex immigration situation

You can see how complex and important this situation may become. Be sure you know your legal rights and how to move forward in a way that fights to protect your status. With the constant fluctuations in immigration law, it’s wise to work with an experienced attorney as soon as possible.