Receiving a green card after getting married allows you to live freely in the United States with your spouse. However, your immigration status may change if you decide to have a divorce or separation.

A divorce or separation affects both you and your now ex-spouse. Depending on the time of the divorce, there may be a few things to consider: What will happen to your legal status, how do you secure your residency in the United States, and what should be your next steps? Since the situation affects how you progress through your divorce, you should be aware of the conditions of your legal residency in the United States. 

What are the differences between separation and divorce? 

In order for you to know exactly where your immigration status stands, you need to be sure that you and your spouse agree on whether you are having a divorce or a separation. 

For a divorce, a couple decides to completely sever their marital ties, and in the government’s eyes, you’re no longer together. 

In a separation, you are still legally married to your spouse, however, you both live separately. In Georgia, the law does not actually provide legal separation. Instead, there is a process called separate maintenance.

The purpose of this separation is to be apart from your spouse as you decide if the best course of action is filing for divorce or working things out in your relationship. You are neither married nor divorced during a separation. 

However, you still need to prove your marriage.

Before receiving your green card or lawful residence, you may have had to prove that you entered your marriage in good faith to ensure your union was sincere and not an effort to obtain residency or citizenship.

When it comes to your divorce, you need to create a statement showing why your marriage ended. This statement is later handed out in your divorce case. It is important to be completely transparent in your statement to prove the justified reasons to end your relationship. This can also verify the legitimacy of your marital union with your spouse.

There is no need to worry about your green card status when filing for divorce in Georgia, as you do not need to prove your relationship and immigration status. 

If you are unsure about how to proceed with your divorce or separation, having an exceptional immigration attorney on your side may help you take the proper steps to legally end your marriage.   

What are the effects on your green card after a divorce or separation?

Your green card status may change depending if you have a permanent green card or a conditional permanent green card. 

There is usually no impact on your immigration status for a permanent green card with a divorce or separation. Nonetheless, you must have a trusted attorney to guide you on the proper information you need to renew your green card by filing a Form I-90 to avoid any legal confusion. It typically takes about a month and a half to process your application.

The good thing about having a permanent or 10-year green card is that you will have no questions regarding your marital status. You would only have to submit a legal record with your updated last name. Ultimately, a divorce will not affect your legal status in Georgia.

On the other hand, with a conditional permanent green card, there may be issues if you get divorced. A conditional permanent green card is placed if your marriage is less than two years. After two years at the time of the adjudication, lawful permanent residency can be granted so you can have a permanent or 10-year green card.

However, if there are marital problems during your two-year conditional residence period, it may affect your immigration status, and it’s best and recommended to consult with an immigration attorney to evaluate your options.

In order to secure a permanent or 10-year green card, you will need an immigration attorney to successfully guide you in filing Form I-751, Removal of Conditions Petition. As an added motivator, divorce is the easiest avenue for a Removal of Conditions Petition as long as you are already divorced at the time of submitting your petition and are honest throughout your application.

In order to continue with your permanent or 10-year green card process, you need to file a waiver request. You will be issued a Request For Evidence (RFE) by the USCIS to show your finalized divorce.

With this RFE, you would need to show how your divorce or separation was finalized. Adding additional information may help your case, but it is best to have an experienced immigration attorney alongside you to make sure you add evidence that supports your divorce or separation.

What happens if you are in a legal separation?

If you are in a legal separation, removing the conditions of your green card may be difficult. The law needs to find that your marriage is a case of “extreme hardship” in order to continue processing your permanent green card. According to the USCIS, extreme hardships can be considered as family ties, health conditions, and economical issues. 

At Castan and Lecca, we are here to defend the community. If you have questions about your green card application or status after filing a divorce, do not hesitate to contact us for exceptional attorneys in the immigration field. You can also call us at 770-800-7000.