Will divorce affect my green card immigration status? 14 Answers as of June 26, 2013

I was married to a US citizen for 22 months. He filed the application for my change of status. While the papers were being processed, we were not getting along and we decided on a divorce. He bought me the papers and I signed them. We made up afterwards. In October, 2011, I had the interview for the green card. We both went and I got my green card. My husband informed me that he did submit the divorce papers in April and that the divorce decree came out in August, 2011 without my knowledge. I want to know if this will affect my green card status.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It will if you got a conditional green card and will need to apply to remove the conditional status in 2 years.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
In all likelihood your status will not be questioned. You did not make a knowing false statement.
Answer Applies to: Texas
Replied: 11/29/2011
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
If you were not married at the time of the interview, the answer is yes.
Answer Applies to: California
Replied: 11/21/2011
All American Immigration
All American Immigration | Tom Youngjohn
If this is not an ICE employee writing this question, it should be.
Answer Applies to: Washington
Replied: 6/26/2013
Law Offices of Ricky Malik | Ricky Malik
It sounds like you were divorced at the time of your interview and you both went to that interview. You would have both been put under oath at that interview and you represented yourself as a married couple and also represented the number of prior marriages and prior divorces to the officer. This can very well be construed as fraud and could cause you both a lot of trouble if discovered. Whether it gets discovered or not, whether at the time of your naturalization, or later is a separate question. I suggest you consult with a competent attorney to talk this over. I think you are both in a really bad position and inaction will not be the correct move.
Answer Applies to: Virginia
Replied: 11/18/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    If your divorce was finalized prior to your green card approval, you were not eligible for the benefit sought, even though you did not know about it. Your husband has committed an immigration violation. Your permanent residence can be revoked.
    Answer Applies to: Texas
    Replied: 11/18/2011
    Kanu & Associates, P. C. | Solomon O. Kanu
    Yes. It is still possible to resolve it well. If you were actually divorced by the time you obtained the green card then you will need to remarry him.
    Answer Applies to: Arizona
    Replied: 11/18/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Yes, your divorce does affect your green card. You were not eligible to receive a green card, because at the time of the interview, you were no longer married. Upon termination of the marriage, your immigrant visa was automatically revoked regardless of whether USCIS knew about the circumstances or not. As such, your green card is not valid. You should strongly consider contacting an attorney to discuss the matter in more detail to avoid further issues with immigration and to see what, if anything, can be done to help you obtain status here.
    Answer Applies to: New York
    Replied: 11/18/2011
    Immigration Attorneys, LLP | Robert R. Gard
    USCIS is permitted a presumption of fraud in any marriage of a duration of less than two years, so the burden of proof to establish a bona fide marriage and to overcome that legal presumption would be on you, even if the conditional permanent residency is ultimately approved. The facts will come out at such time as you file an I-751 waiver to remove the conditional basis of your residency or at such time as you apply for naturalization (or at both times). You should make a point of getting copies of the divorce petition, Judgment of Dissolution of Marriage, and the trial transcript from the divorce before you consult with competent legal counsel. Right now, you are "flying blind", and you don't know what has been represented to the divorce court, what findings of fact and law were made by the divorce court, what orders were issued by the divorce court, or what wonderful or not so wonderful things your husband/ex-husband had to say about you during the "prove-up" in court. I have seen many clients tripped-up by some very damaging allegations and representations of separation dates and marital behavior put on the record by a former spouse during a divorce. The best way to determine how much grief you are likely to encounter from the USCIS is to find out as much about the divorce proceedings as possible, and present copies of these documents to competent immigration counsel for analysis.
    Answer Applies to: Illinois
    Replied: 11/18/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, probably, not.
    Answer Applies to: Virginia
    Replied: 5/31/2013
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    Yes it will. USCIS will probably consider it fraud. You should speak to an immigration attorney, to see if there is a remedy.
    Answer Applies to: New York
    Replied: 11/18/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    Yes.
    Answer Applies to: California
    Replied: 5/31/2013
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    Yes and No. Yes because you will have to file a Form I-751 to remove the condition on your LPR. This is because your green card was given to you only on a conditional basis and that is because Congress decided that if you get your green card through a marriage to a USC, you will have to prove that it was a good faith marriage. Since no one knows what a good faith marriage looks like, Congress decided that any marriage that lasts more than 2 years is a good faith marriage. So, 2 years after your initial green card, you will have to apply for the 10-year green card and for that, you will need to show that you are still married to your husband. Now, I said No because if you reconciled, then you will need to re-marry again so that you can show that the marriage was indeed entered into in good faith and to prove it, you are still married. Accept nothing less than that because you can be removed from the US if you cannot show that you are still married to your USC spouse. If your ex refuses to re-marry you, then you will know something is not up to par.
    Answer Applies to: California
    Replied: 11/18/2011
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