Marriage to a US citizen can expedite the green card process, but divorce can complicate matters, particularly if the divorce occurs before the two-year mark of a conditional green card, or if it affects the naturalization process. While a divorce itself doesn’t automatically lead to deportation, it can require proving the marriage was in good faith and may necessitate waiting longer for U.S. citizenship.
Marriage and Immigration:
Green Card:
- Marrying a US citizen can be a path to a green card, allowing the non-citizen spouse to live and work in the US.
Conditional Green Card:
- If the marriage has been ongoing for less than two years when the green card is granted, it’s a conditional green card. To remove the conditions, the couple must demonstrate a genuine marriage within two years.
Naturalization:
- Once a conditional green card holder has a standard green card and has been a permanent resident for three years, they can apply for US citizenship.
Divorce and Immigration:
Conditional Green Card Holders:
- If a divorce occurs before the two-year mark on a conditional green card, the non-citizen spouse may need to prove the marriage was in good faith to avoid deportation.
Permanent Residents:
- If a divorce occurs after obtaining a permanent green card, it generally doesn’t affect the permanent resident status, but it could impact naturalization.
Naturalization:
- If the marriage ends before the three-year residency requirement for naturalization is met, the non-citizen spouse may need to wait five years for citizenship, like other green card holders.
Sponsorship Obligations:
- A U.S. citizen who sponsors a spouse through marriage may have financial obligations to the sponsored spouse under the Affidavit of Support, says the USCIS. Divorce does not automatically end these obligations.
Good Faith Marriage:
- In all cases, the US Citizenship and Immigration Services (USCIS) may investigate the genuineness of the marriage, especially in cases of divorce, to determine if it was a fraud for immigration purposes.
