There are many ways for people to legally enter the United States. Family relationships are a common means of securing a visa or a green card. Marriage to a United States citizen is a fast and effective way of legally immigrating.
The foreign national spouse of a United States citizen can legally enter the country with a green card in many cases. Others can obtain fiancé visas to enter the country and marry a citizen. They become a permanent resident who has the right to stay for the rest of their life so long as they file the right paperwork and comply with immigration standards.
However, not all marriages last for life. People choose to divorce for reasons ranging from marital abuse to infidelity. Is an immigrant spouse at risk of removal from the United States if they divorce?
Every marriage-based immigration case is unique
There is no one spousal immigration rule that applies to all circumstances. The United States Citizenship and Immigration Services (USCIS) has an assortment of different rules that can apply to marriage-based immigration scenarios.
In cases where people enter the country as the new spouse or fiancé of a citizen, their status might be at risk if they divorce soon after entering the country. Spouses with green cards often receive conditional green cards initially. If the marriage has not already lasted at least two years when they apply for a green card, then the USCIS only grants a conditional green card.
They have to remain married for two years and then file paperwork to remove their conditional status. After the green card holder removes their conditional status, their green card no longer depends on them remaining married. If they divorce after removing the conditional status from their green card, they can remain a permanent resident despite ending their marriage.
For those in longer-term marriages, conditional status may not be a concern. If the marriage already lasted two years or more before their request for a green card, they are not at risk of removal or the loss of their permanent resident status because they divorce. In some cases, spouses divorcing due to abuse or other criminal activity may qualify for special visas even if they still have a conditional green card.
Learning about the rules for marriage-based immigration can help spouses feel more confident about their circumstances. Immigrants who have the right information and support can avoid losing their immigration status due to the end of a marriage.