Will I Lose My 2 Year Green Card If My Spouse Files For Divorce Before Removal Of Conditions?

If you have been married to your U.S. citizen spouse for less than two years, you will be given a 2 year conditional green card.

The conditional permanent residence may be terminated within two years from the date on the green card if your marriage has been terminated through divorce.

However, in this scenario, it is possible for you to obtain a waiver when you file to remove the conditions. The waiver is granted if you can show that the marriage was a union in good faith and that you were not at fault for your spouse’s failure to file the joint petition to remove the conditions.

If you successfully show that the marriage was entered into in good faith, you will likely get approved for the 10 year green card during the interview.

How Do I Prove A Good Faith Marriage To Receive The 10 Year Green Card?

The USCIS wants to see that you share a life together by providing joint documentation of residence, bills, taxes, and accounts.

Married filing separately should not affect your ROC.Include the following to show co-mingling of finances:

  • Bank statements
  • Joint tax transcripts
  • Joint credit cards
  • Life insurance policies
  • Investment accounts
  • Joint mortgage/deed to home
  • Joint health insurance

Other types of good evidence that you should include:

  • Joint apartment lease
  • Joint car ownership
  • Joint car insurance
  • Joint loans/debt
  • Utility bills in both names
  • Cell phone family plans
  • Family photos together
  • Itineraries for trips together

[Do I Have Enough Evidence Of A Bona Fide Marriage For Removal Of Conditions?]

What If I Do Not Have Enough Evidence To Prove Good Faith Marriage?

divorce-before-rocIf you are not able to gather enough joint documents proving your marriage was bona fide, you will have a tough time getting approved.

There are many reasons that you and your spouse have decided to keep your finances separate such as bad debts, collections, bankruptcy, and owning a business. This sounds reasonable to many people but the USCIS does not work this way!

Without sufficient evidence of a good faith marriage you are guaranteed to have a removal of conditions (ROC) interview. It is during the interview that the immigration officer will grill you about the evidence you provided.

If you are denied at the interview, you can then appeal this decision and show that you can provide more evidence. However, if you do not have enough evidence and you are denied; you will risk being placed in removal proceedings if you do not leave the United States.

It is recommended that you speak with an immigration attorney that can help you with the appeal process. Make sure that the lawyer knows what they are talking about because you do not want them providing inaccurate information to you.

What Can I Do If I Receive A Removal Proceedings Notice From The USCIS?

immigration-judge-deporationReceiving a notice that you are in removal proceedings is a serious matter. If you do not have an immigration lawyer by your side, now is the time to hire one!

You are given the opportunity to give your side of the story to an immigration judge during the appeal process. If your appeal was unsuccessful, you will immediately be placed in removal proceedings (deportation).

Unfortunately, there isn’t much you can do at this point but to go back to your home country. Do not attempt to stay in the United States illegally because this will result in a future ban.

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