Green card through marriage but now getting divorced
 

Hello,

My wife of 3 years and I will be getting divorced. Unfortunately, there's nothing that can be done and the marriage just isn't healthy anymore. My wife and I applied for green card through marriage a year and a half after getting married and were lucky to get interview and applied within 6 months. I now am a green card holder and will forever be grateful to her for that. My concerns with the divorce now are what happens with the green card? Could it be denied after being approved? Also, can I still apply for citizenship after 5 years? Will they question or deport me because of it? We honestly just aren't happy anymore and it wouldn't be fair for the marriage to continue just for my own benefit. Please any advise is greatly appreciated.

Re: Green card through marriage but now getting divorced
 

Did you get a conditional green card?

Re: Green card through marriage but now getting divorced
 

Sorry about your divorce bro...... I'm assuming you have conditional residency. You only need to be able to prove the marriage was legit and fell apart legit. So if you've been to counselors etc you might want to get those documents/notes.

Re: Green card through marriage but now getting divorced
 

No, I don't think it's conditional. The interview was after 2 years of marriage so I think I was eligible for the real permanent card by then. The approval notice from USCIS said nothing about conditional and the expiration for the card is 10 years.

Re: Green card through marriage but now getting divorced
 

Since you had your interview you're in good shape but would never hurt to have a lawyer go over your case. You'd probably need some divorce advice from them anyway.

Re: Green card through marriage but now getting divorced
 

^this especially!! You’re good for the duration of your green card. If you’re looking to become a citizen, you’ll have to wait five years instead of three since you will no longer be married to a US citizen. Consult a lawyer!

Re: Green card through marriage but now getting divorced
 

You got the 10 year GC right?

Re: Green card through marriage but now getting divorced
 

When you apply for a GC through marriage, you are given a conditional GC. You have to stay married for a certain amount of years to make it permanent which I believe is 3 years. If you were married for 5 then you could apply for US citizenship, otherwise you have to wait 10 years I think. I dont know if you qualify for the permanent version since you applied one year into the marriage. You are better off consulting an immigration lawyer

Re: Green card through marriage but now getting divorced
 

Since were given a green card for 10 years then you're good. You can naturalize after 5 years. They might ask you about why the marriage failed but as long as your story adds up you'll be fine, also usually they do not.

Re: Green card through marriage but now getting divorced
 

If a divorce isn't finalized until after meeting the conditional 3(?) years, does it still count?