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Pricey Sophie: Can I nonetheless get a inexperienced card by means of marriage if I’m divorcing?

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Sophie Alcorn

Sophie Alcorn is the founding father of Alcorn Immigration Regulation in Silicon Valley and 2019 International Regulation Specialists Awards’ “Regulation Agency of the 12 months in California for Entrepreneur Immigration Providers.” She connects individuals with the companies and alternatives that increase their lives.

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Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.

“Your questions are important to the unfold of data that enables individuals everywhere in the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or searching for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

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Pricey Sophie,

I acquired a conditional inexperienced card after my spouse and I obtained married in 2019. Lately, we now have made the troublesome choice to finish our marriage. I need to proceed residing and dealing in the US.

Is it nonetheless attainable for me to finish my inexperienced card based mostly on my marriage by means of the I-751 course of or do I must do one thing else, like ask my employer to sponsor me for a piece visa?

— Higher to Have Liked and Misplaced

Pricey Higher,

I’m sorry to listen to your marriage didn’t work out. Relaxation assured, you may nonetheless proceed with getting a full-fledged inexperienced card although you and your spouse are divorcing. Take heed to my latest podcast with Anita Koumriqian, my regulation accomplice, during which we talk about the elimination of situations on everlasting residence for individuals who obtained two-year inexperienced playing cards by means of marriage.

As , because you have been married for lower than two years once you utilized on your inexperienced card by means of marriage, you have been issued a conditional inexperienced card that’s solely legitimate for 2 years moderately than a 10-year inexperienced card. The aim of the I-751 is to indicate that the couple entered into a real, good religion marriage. Often, {couples} should file an I-751 petition collectively. Nonetheless, a person might file a petition and not using a partner if any of the next apply:

  • If the wedding ended by means of annulment or divorce.
  • If the U.S. citizen partner died.
  • If the conditional resident (and/or kids) was battered or subjected to excessive cruelty.

In case your divorce just isn’t but finalized and also you don’t have a household regulation lawyer but, I do suggest that you simply work with a household regulation lawyer, who is important to assist streamline the method. I additionally suggest consulting an immigration lawyer as quickly as attainable to organize the I-751 submitting since it might get tough for a person in divorce proceedings. Each must work collectively and in parallel to make sure that all the things goes easily for you with U.S. Citizenship and Immigration Providers.

When to file to take away situations on everlasting residence

The I-751 must be filed throughout the 90-day interval earlier than your conditional inexperienced card is about to run out. I like to recommend submitting as quickly as you may inside that window. Take into account that, when you file your I-751 petition too early, it could be returned to you. And when you file it after your conditional inexperienced card expires, you not solely face having to depart the U.S., however USCIS might additionally deny your petition when you fail to supply a compelling cause. In case you are on this scenario, undoubtedly let your immigration lawyer know.

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