what happens if you divorce before green card interview

2 min read 23-12-2024

what happens if you divorce before green card interview

Getting a green card through marriage involves a complex process. Many couples find themselves facing unexpected challenges, and sometimes, divorce occurs before the green card interview. This article will explore the implications of this scenario and outline the potential outcomes. The process is intricate, so consulting an immigration lawyer is crucial.

Understanding the Green Card Process Through Marriage

The process begins with a Petition for Alien Relative (Form I-130) filed by the U.S. citizen spouse. After approval, the foreign spouse files Form I-485, Application to Register Permanent Residence or Adjust Status. This is followed by an interview with U.S. Citizenship and Immigration Services (USCIS). The interview assesses the validity of the marriage. Evidence of a bona fide marriage is paramount throughout the process.

Divorce Before the Green Card Interview: The Fallout

Divorce before the green card interview significantly complicates matters. USCIS will likely view the divorce as evidence that the marriage was not bona fide. This casts doubt on the original intent of the marriage—specifically whether it was entered into solely for the purpose of obtaining a green card, which is illegal.

Potential Outcomes:

Case Denial: This is the most likely outcome. USCIS will likely deny the I-485 application. The denial means the foreign spouse cannot obtain a green card based on this marriage.
Removal Proceedings: In some cases, particularly if USCIS suspects fraud, they may initiate removal proceedings. This could lead to deportation.
Reopening the Case: In rare instances, if compelling circumstances exist and the divorce wasn't directly related to the green card process, the foreign national might be able to re-open the case. This would require strong legal representation and considerable evidence.

Proving Bona Fide Marriage (Even After Divorce):

While challenging, it might be possible to demonstrate a bona fide marriage existed despite the subsequent divorce. However, this requires exceptionally strong evidence. This evidence might include:

Joint Financial Documents: Bank statements, tax returns, mortgage documents, and other financial records demonstrating shared finances.
Photos and Correspondence: Pictures together, emails, letters, and other communications showcasing the relationship's genuine nature.
Witness Testimony: Statements from friends, family members, and colleagues who can attest to the authenticity of the relationship.
Joint Leases or Deeds: Documents showing joint ownership or tenancy.

What to Do if Faced with this Situation:

Seek Immediate Legal Counsel: An experienced immigration attorney can assess your situation and advise on the best course of action. They can help you understand your rights and options.
Gather Evidence: Begin collecting all relevant documentation, including evidence of a bona fide marriage. Time is of the essence.
Be Honest and Transparent (with your attorney): While you might be tempted to hide information, honesty is crucial. This will help the attorney develop the strongest possible strategy.

Conclusion

Divorce before a green card interview significantly jeopardizes the application. The chances of approval drastically decrease. The best course of action is to seek legal assistance immediately and gather compelling evidence to support a bona fide marriage claim (although this is exceptionally difficult after a divorce). It's vital to understand the gravity of the situation and seek professional guidance without delay. Remember, the information in this article is for informational purposes only, and does not constitute legal advice. Always consult with an immigration attorney for personalized guidance.