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Do I qualify for a green card if my marriage has ended?

One of the ways to ensure that you can remain in the United States legally and without any issues is to obtain a green card. Many people do this by marrying a U.S. citizen. If this was your intention, but before you were able to secure your green card, your marriage ends, you may wonder if this will impact your immigration.

Most of the time, you are fine if you already hold your green card, but if you do not, then it very well may impact your status. STILT explains that your divorce will affect your green card status if your ability for approval depended on your spouse’s immigration status or if you are a conditional resident.

Spouse’s immigration status

If your status depends on your spouse’s status because your spouse has applied for a specific visa with you as the dependent, then you will need to find an alternative option for your application. Divorce makes you no longer eligible as a dependent. Once you divorce, any application you have is void.

Conditional resident

As a conditional resident, you came to the U.S. after you married your spouse because he or she was a legal resident or citizen. You remain in this status for the first years of your marriage. So, if your marriage ends before you reach two years, then it could very well stop you from obtaining a green card.

The good news is that if you have already filed your Form I-751 before the end of your marriage, then you can file for your green card on your own by filing an I-751 waiver.