I obtained a conditional Green Card through marriage to my U.S. citizen husband. I am already divorced from my husband. Can I still apply for permanent U.S. residence?
Your permanent residence is conditional if it is based on a marriage that was less than 2 years old.
The law requires that you and your spouse must jointly apply to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. If you fail to apply on time, you could lose your conditional resident status.
Even if you are no longer married to your husband, it is still possible for you to file for permanent U.S. residence. But you must apply to waive the joint filing requirement. In this case, you must prove that you entered into your marriage in good faith (not just for the purpose of getting a green card) and that your marriage has ended by annulment or divorce.
Here are some ways to prove marriage in good faith:
- Birth certificate of children, if you have any.
- Wedding pictures and/or pictures of other moments with your spouse.
- Detailed affidavits or letters from people who know you and your spouse.
- A rental agreement for your house or apartment with both of your names on it, or a letter from the building manager or owner proving that you lived together.
- Joint bank or credit card statements.
- Insurance documents.
- Utility bills showing both your names or reflecting your shared address.
- Income tax papers that show your name and your spouse’s name.
- Driver’s license reflecting your shared address.
Once you have all of your paperwork together, submit it along with the required forms and fees. Soon after that USCIS will send you a receipt notice in the mail. This receipt notice will extend your conditional resident status for one year. If your evidence is accepted by USCIS as sufficient to prove marriage in good faith, you will be granted an unconditional, permanent U.S. residence.
- Oct 27, 2016 Petitioning Parents for Permanent Residence Oct 27, 2016
- Oct 19, 2016 Changing Status from Tourist to Student Oct 19, 2016
- Oct 13, 2016 Immigration Center: How DUI Conviction Affects Naturalization Oct 13, 2016
- Oct 9, 2016 Quiet Mornings Oct 9, 2016
- Oct 4, 2016 Immigration Center: Minors Traveling on Their Own Oct 4, 2016
- Sep 26, 2016 Immigration Center: Removing Conditions on Your Greencard Sep 26, 2016
- Sep 21, 2016 Happy Journeys Sep 21, 2016