How Will Getting a Divorce Affect my Pending Green Card Application?

The journey towards obtaining a green card can be both exciting and challenging, requiring meticulous attention to detail and adherence to multiple legal standards and processes. For green card applications based on marriage, the basis of eligibility for the green card is the marital relationship between the U.S. citizen or legal permanent resident (LPR) and their non-citizen spouse.

For most couples, the application process, although daunting and time consuming, goes forward with little to no problems, and the non-citizen can obtain their greencard without issue. However, for some, a marriage that begins to fall apart after applying for the green card can have far-reaching implications. In this blog post, we cover how filing for divorce can affect a pending green card application, highlighting the divergent outcomes based on the cooperation or lack thereof from a U.S. citizen/LPR spouse.

THE IMPACT OF DIVORCE ON PENDING GREEN CARD APPLICATIONS

When an individual seeks a green card based on marriage to a U.S. citizen or LPR, their application process involves demonstrating the bona fides of their relationship (i.e., that their marriage is authentic and not entered into for immigration status). The United States Citizenship and Immigration Services (USCIS) places great emphasis on the authenticity of the marital union. This is essentially the crux of the petition.

If you can prove that your marital relationship is authentic at its inception, then you've satisfied the burden of proof and USCIS must approve the application (assuming you are otherwise eligible). Therefore, a pending divorce can truly disrupt the application process, impacting the applicant's eligibility for lawful permanent resident status. The true impact of a pending divorce on the green card application depends upon the willingness of the U.S. citizen/LPR spouse to cooperate and assist with bringing the case to completion.

COOPERATIVE U.S.C./LPR SPOUSE

When a U.S. citizen/LPR spouse remains willing to assist with the green card application process despite the impending divorce, the situation becomes more manageable. While divorce proceedings may be ongoing, USCIS still requires evidence of the authenticity of the marriage up until the point of separation. So long as your relationship was entered into in good faith and is authentic, you may still be able to obtain the green card after disclosing this information to USCIS.

A cooperative spouse can still participate and validate the authenticity of the marriage. It's important to maintain communication and collaboration with the U.S. citizen/LPR spouse to ensure the successful continuation of the application process. As discussed below, disclosing the change in nature of your relationship is crucial to the success of the application.

DISCLOSING RELATIONSHIP CHANGES TO USCIS

Transparency is paramount when undergoing a divorce while there is a pending green card application. Attempting to conceal or misrepresent the actual state of the marital relationship can lead to severe consequences, including denial of the green card application, accusations of fraud, and potential referral to ICE for deportation. Applicants must promptly inform USCIS about the changes in their marital status.

This enables USCIS to evaluate the situation accurately and determine the appropriate course of action. If the couple had an authentic marital relationship from the beginning, then the impending divorce should not ultimately cause the green card application to be denied. The key here, of course, is the U.S. citizen/LPR spouse's cooperation and that the divorce is not finalized.

UNCOOPERATIVE U.S.C./LPR SPOUSE OR FINAL JUDGMENT OF DIVORCE

In cases where a U.S. citizen/LPR spouse becomes uncooperative during the green card application process, the situation can quickly turn disastrous. The U.S. citizen/LPR spouse's cooperation is vital to provide evidence of the legitimacy of the marriage. Failure to provide essential documentation, attend interviews, or express willingness to support the green card application can result in an outright denial of the application.

USCIS is more accepting of the situation if the spouse is still willing to cooperate and assist the non-citizen with their application. Whereas, if the U.S. citizen/LPR spouse is completely absent from the process, a denial is much more likely. Furthermore, if the divorce is finalized prior to the green card interview, that will cause an immediate denial, as the marital relationship was the basis for the application.

Ultimately, filing for divorce can really impact a pending green card application and it certainly adds complexity to an otherwise straightforward case. However, if the U.S. citizen/LPR spouse is willing to cooperate and assist with the application process, there is still a chance that USCIS will issue the green card. Alternatively, an uncooperative spouse or final judgment of divorce can be an instant application killer. Throughout the process, utmost transparency with USCIS is essential to maintain the integrity of the application and ensure the best possible outcome for all parties involved.

If you are currently facing a possible divorce and seeking advice on how this can affect your pending greencard application, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.