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What You Need to Know About Marriage-Based Green Cards and Divorce
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If you are a foreign national who is getting married to an American citizen, you may be eligible to obtain a green card. However, for the first two years of your marriage, this green card will only confer conditional resident status. Indeed, near the end of the two-year conditional period, you, as a green card holder, are required to file an I-751 petition to have the conditions on your green card removed. As a general rule, your American citizen spouse must jointly file the I-751 petition with you.
However, unfortunately, it is a reality that not all marriage makes it to the two-year mark. If you are a green card holder who has (or is now considering getting) divorced before your I-751 petition has been approved, you need to speak to an experienced Chicago spouse/fiance visa attorney immediately. You will need to go through extra steps to preserve your right to lawfully live and work in the United States.
Obtaining an I-751 Divorce Waiver
If you are divorced, your American citizen ex-spouse can no longer file the I-751 petition with you, as is generally required by American immigration law. As such, you will need a waiver that permits you to forego this requirement. Fortunately, divorce waivers are available under the law. However, it must be noted, that obtaining an immigration divorce waiver is not easy. You will need to prove the following four things to American immigration officials:
- You have a valid conditional green card;
- You have copies of your divorce records;
- You have reliable evidence that proves you marriage was of ‘good faith’; and
- You have evidence showing that circumstances changed, which caused the divorce.
Immigration Officials are Worried About Marriage Fraud
If you get divorced before your conditional resident status period has ended, immigration officials will need to verify that you did not commit marriage fraud. Simply put, immigration-related marriage fraud occurs when someone gets married to an American citizen for the primary purposes of obtaining a green card, instead of for the purposes of furthering their relationship with their partner. Of course, getting divorced does not mean that your marriage was a fraud. The truth is that sometimes things change. However, you need to be prepared to receive heightened scrutiny from U.S. immigration officials.
Get Immigration Law Advice in Chicago, Illinois
At Kriezelman Burton & Associates, LLC, our dedicated Chicago immigration lawyers have extensive experience handling marriage-based green card cases, including those involving I-751 waivers. To get immediate assistance with your case, please call our team today at (312) 332-2550. Immigration law consultations are always fully confidential.
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I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
In the final stages of our employment based green card, Maya Flores was very helpful. She guided us through the details, made a mock up interview and then went with us to the actual appointment. We were able to see her expertise because she made some clarifications to the officer. Very good service, 5 well deserved stars.
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