By: Jennifer Fabian-Verzosa, Esq.

IF YOUR MARRIAGE IS ENDING IN DIVORCE AND YOU DO NOT WANT TO LOSE YOUR LAWFUL PERMANENT RESIDENT STATUS, YOU STILL HAVE OPTIONS.

Marriages do not always work out. Newlyweds in particular face all sorts of issues adjusting to each other during the initial years of marriage, and this is true whether or not you recently immigrated or have been living in the U.S. all your life. If the marriage through which you obtained your green card is not working out, or has already ended, does this necessarily mean that you will certainly lose your green card? No.

If you are a Conditional Permanent Resident (i.e., you have a 2-year Green Card) and you and your spouse are separating or your marriage has already ended in divorce, the good news is that in the end you may still be able to remain in the United States and keep your green card. However, in these types of situations it is a good idea to discuss your options with an attorney as soon as you can since your lawful permanent residency will be automatically terminated on the expiration date of your green card. If you do not file your I-751 Petition to Remove Conditions on Evidence, and do nothing when your card expires, you will be at risk of being placed in removal proceedings. Attorney assistance is also oftentimes more costly when you are defending your case in immigration court rather than before USCIS, so you should act fast.

Whether or not your conditional resident green card has already expired, or you are already divorced, you may still be able to keep your lawful permanent residence. However, in most cases you must still file your I-751 Petition.

What if my Spouse refuses to sign my I-751 Petition?

That’s OK. You may be able to file your I-751 Petition even without your spouse’s help or approval as long as you entered into a good faith marriage with him/her AND you have the documentation to prove it. Nowadays, USCIS seems to be scrutinizing the evidence supporting such petitions a lot more. A marriage certificate and some photos of you two during happier times are just usually not good enough by themselves anymore.

This is where an experienced attorney can be really helpful to the success of your case, especially if you are filing by yourself. An attorney can help you understand the types of documents and evidence you need to prove that you had a good faith marriage, and give you useful tips on how to obtain or locate those documents. Oftentimes, people initially come to me very worried that that they do not have such documents, do not have enough evidence, or do not know where to find documents. Then, by the time of filing, we find that there were a lot of supporting documents after all!

If you suffered physical or emotional abuse by your Spouse, you may also file your I-751 Petition by yourself. You do not need your spouse to sign off on your form, or attend your interview.

Lastly, and alternatively, if the termination of your permanent residency status and your removal from the United States would result in extreme hardship to you (and you have documentation to support this), then you may also be able to file your I-751 Petition on your own.

 And if for some reason you and your Spouse/Ex-Spouse are on good terms, and he or she is willing to cooperate with your case (i.e., provide supporting documents and explain why your marriage did not work out to the immigration officer), then you may also still be able to keep your green card. However, in this type of delicate situation it is a good idea to seek professional legal guidance.

Most importantly, it is really important not to just sit and blame yourself for a failing marriage. Marriages do not always work out, and maybe it was just not meant to be in the end. Rather, you should ask yourself whether you still want to keep your lawful permanent residency, and if your answer is ‘Yes!’, you should be positive and aim to be proactive about learning about your legal options so that you can continue to remain in the United States and keep your immigration status.

Aim to be proactive about learning about your legal options so that you can continue to remain in the United States and keep your immigration status.

Remember that everyone deserves a happy life and brighter future, including you.

Contact our FRIENDLY IMMIGRATION LAW OFFICE today, and we would be happy to assist you in getting started with filing your I-751 Petition. Although you may be filing it alone, we are here to help you every step of the way. We offer affordable installment plans.

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** Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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