Keeping Your Conditional Green Card in the Midst of a Troubled Marriage

Recently, I had a client who had a unique problem: They had a Conditional Green Card, and their marriage was in trouble.

For most people, marriage typically represents the high point of their life. Getting married denotes a fresh start. It’s a new phase in their life, and there’s a significant improvement in their social standing as well as their economic status. 

Marrying a US citizen can be a game-changer for a person who doesn’t have permanent residency in the United States (US). The reason is in such a situation, there’s a realistic opportunity to get permanent residency. However, awareness and compliance with the existing procedures are mandatory to obtain such status.

Introduction of Immigration Marriage Fraud Amendments (IMFA) of 1986

Several years ago, there were serious concerns that many people were getting married to US citizens with a selfish motive, and these people got married only to obtain permanent residence status. Therefore, a two-step procedure was set up under the Immigration Marriage Fraud Amendments (IMFA) of 1986. This updated procedure ensured permanent residence status was granted only to people who were in bona-fide marriages. So a person who entered into a marriage merely for immigration purposes was rejected for such status. 

Under step one of this procedure, a person who is only married to their US Citizen spouse for less than two years before applying for permanent residence status would be petitioned by their US citizen spouse. The person would then be granted conditional permanent residence, which is valid for two years from the date of grant of such status.

Under step two, the conditional label attached to the permanent residence status is removed through a petitioning process. The removal of the condition starts with the filing of an I-751 Petition. This joint petition is for the purpose of removing the condition to Permanent Residence in order to obtain a permanent residence card valid for ten years. 

Inquiry into the Legitimacy of the Marriage

The United States Citizenship and Immigration Services (USCIS) grants conditional permanent residence first. Then, it begins an inquiry into the legitimacy of the marriage. Accordingly, as part of the joint petition, documentary evidence showing that the marriage was bona-fide needs to be submitted. The timeline for filing this Joint Petition with the USCIS service center is 90 days before the expiry of two years from the date of the initial grant of conditional permanent residence. 

Generally, when the joint petition is filed, the USCIS extends the conditional permanent residence automatically by two years. This two-year extension provides USCIS with sufficient time to arrange an interview with the individual seeking permanent residence. During the interview, the USCIS determines whether a ten-year unconditional permanent residence can be granted to the individual. 

The documentary evidence submitted along with the Joint Petition is crucial. The US Citizenship and Immigration Services (USCIS) will scrutinize the documentary evidence. If USCIS is satisfied that the marriage is bona-fide and not solely for immigration, it may even approve a petition for unconditional permanent residence without an interview.

Everything Is Not Lost in Spite of Unfavorable Developments: There Is Still Hope

The joint petition procedure detailed above is applicable only when the marriage has not been terminated. Frequently, it isn’t possible to file the joint petition or get it approved because the marriage has already been terminated by divorce. This will also be applicable even if the marriage was bona-fide when it was entered into. 

Many aliens are in danger of losing their status once their marriage is in jeopardy. This is certainly an unfavorable development. The reason is the spouse might be unwilling to cooperate or has already filed a divorce petition. However, even in such cases, everything is not lost. There is still hope. Despite the unfavorable development, the prospect of getting an unconditional permanent residence isn’t over. It’s possible to seek a waiver of the need for a joint petition in such cases. In this situation, the conditional resident must have a final divorce decree in order for the USCIS officer to adjudicate the case, along with extremely strong bona fides to convince the USCIS officer that the marriage was real at the time it was entered into. In these cases, there is almost always an interview. 

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