How to Keep your Conditional Green Card in the Midst of a Divorce

Picture this: You've just unpacked your suitcase in your new American home, the echoes of "I do" still ringing in your ears when suddenly, your fairytale takes an unexpected twist. Your marriage is crumbling faster than a stale New York bagel, and your shiny new Conditional Green Card feels more like a ticking time bomb.

Sound familiar? You're not alone.

Here at our New York immigration law office, we've seen more drama than a Broadway show when it comes to marriages and Green Cards. From "I love you" to "I want a divorce" faster than you can say "USCIS," we've helped countless clients navigate the stormy seas of immigration when their relationships hit an iceberg.

So, grab a cup of coffee (or something stronger - we won't judge), and let's dive into the nitty-gritty of what happens when your "happily ever after" turns into "happily never after," but you still want to call the USA home.

We'll answer burning questions like:

• Can Uncle Sam take back your Green Card if your marriage goes kaput?

• Is there a "best before" date for filing for divorce with a Conditional Green Card?

• How do you break the news to USCIS that you're breaking up? (Hint: It's not via text)

Marriage in the modern day can be challenging enough as it is. Unpredictable immigration processing times, however, often end up leading to long periods of physical and emotional distance for couples waiting to live out the American Dream in the US. We have had many cases where by the time the foreign spouse arrives in the US, the marriage has already fallen apart. The question is, what can the foreign spouse do to keep themselves and their immigration case together in this new chapter in their lives?

Many people are under the impression that if a conditional resident and US Citizen spouse divorce, they will lose their Green Card. This couldn’t be further from the truth. In America, there is one divorce approximately every 36 seconds*. That's nearly 2,400 divorces per day, 16,800 divorces per week, and 876,000 divorces a year. Needless to say, it would be very un-American for the USCIS to not take this into consideration when adjudicating the facts in an I-751 case for Removal of Conditions, based on marriage. The good news is that the USCIS allows a conditional resident with a two-year Green Card to keep their permanent resident status as long as the conditional resident can establish that the marriage was real to begin with. Of course, a case like this will take a lot of careful preparation as these cases often rest upon credibility since only the CR1 spouse’s story will be heard as the US Citizen spouse is not required or summoned to attend.

In my opinion, the standard is not an unfair one although it requires close monitoring of the case and the procedural/legal formalities must be executed at the appropriate times. To put some flesh on the bones, here is a narrative of a case that will allow you to understand the human story as well as legal recourses available to foreign nationals:

Client Success Story

A US citizen traveled to Bangladesh with her family to entertain marriage prospects by virtue of an arranged marriage. During her visit, her family introduced her to many prospective partners and she met someone who seemed like a good match. He was a doctor, good-looking, from a good family and the chemistry was there. On her next visit to Bangladesh, she got married and had a big fat Bangladeshi wedding. After returning to the US, she immediately filed an I-130 and continued her long-distance relationship with her husband. The processing of the immigration case took longer than expected—the husband’s interview at the Dhaka Consulate didn’t happen for a year and a half after filing. All went well at the interview and the husband arrived at JFK, excited to meet his wife. He was nervous at the time, as his US-citizen wife had begun to get emotionally distant a few weeks before his scheduled arrival in the US. He was confused about the situation but knew that the challenges of a long-distance relationship and cultural differences were issues that would be resolved once they were reunited in their love and shared purpose.

He painfully noticed that his wife did not show up at the airport to greet him—her parents showed up in her stead. They also told him that they needed a couple of days to arrange to bring him to their home, and in the meantime, he should stay with his family. When he eventually went to their home to meet his wife, she basically told him that she didn’t want to remain married and had changed her mind. She asked him to leave and proceeded to cut off all ties with him by not taking his calls and not replying to his emails/social media communications.

Once reality set in, he came to my office still very much disturbed by his wife’s apathy. I evaluated his case and asked if the marriage was really over to which he responded that she would always be his wife in his heart. I told him to take some time to let it all sink in and to come back to see me once he decided whether this was really headed for divorce or not. After a few months, his wife filed for divorce and he came back asking what would happen to his Green Card. He was in despair, as he had given up a thriving medical practice in Bangladesh to be with his wife, and how he couldn’t go back due to the shame of a failed marriage. I told him that if he was ready to divorce then he should do so, as my advice is always to live a healthy life psychologically and with self-empowerment, and not to worry about the immigration issue—we would make it work.

By the time the divorce was finalized six months later, he still had a year of conditional residence. So, I told him that was eligible to file for Removal of Conditions as soon as his divorce was finalized, and he didn’t have to wait until the expiration period for the proceeding. We went ahead and filed for Removal of Conditions and all went well thankfully.

Lesson:

No one should remain in an unhealthy marriage just to hang onto immigration benefits. As soon as the parties realize the marriage has ended, the immigration case should be dealt with along with the divorce proceedings. At the end of the day, immigration is a human story. So, if the facts are presented as a human narrative with supportive, creative, and credible evidence, and a legal strategy prepared from the outset, the chances of things going well are better. My precautionary advice, however, is that the US citizen spouse should make an attempt to visit the foreign spouse so that the couple can maintain their trust and love.

The sad thing about this case was that, although we protected his immigration status, he was still scarred. At the interview, the officer asked him, “Why did your marriage fall apart?” His answer was an honest, “I don’t know.” Armed with relevant case law and a complete record of his marital circumstances, we were still able to keep his immigration status intact.

Marriage and Green Card cases require a lot of planning. Consult with an attorney so that you can stay ahead of the laws and your life.

Should you have any questions please do not hesitate to contact us for more information. We understand that these are difficult times but we are available to take your call so we can discuss the best options for you!

To get in touch with us call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for am immigration consultation.

* Source: http://1.usa.gov/1dMPvI2