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If your spouse asks for a divorce, will you lose your green card?

On Behalf of | May 26, 2022 | Immigration

When you first came to the United States, it was with a student visa so that you could go to university. During your four years there, you met another student, and the two of you fell in love and decided to get married.

This was beneficial to you for many reasons, but one of the things that you achieved through your marriage was the ability to get a green card. As long as you renew the card, you can essentially stay in the United States for as long as you’d like. You no longer have the strict restrictions from the student visa, and you may be considering seeking citizenship.

But what if your spouse asks you for a divorce? You’re going to lose the marriage, but are you going to lose the green card at the same time?

If your marriage was real, you’ll keep the card

Generally speaking, the majority of people who find themselves in this situation do not lose their green cards after a divorce. You don’t have to worry about losing your status in the country, being deported or having to leave the place that you’ve called home for so long.

That is, as long as the authorities believe that your marriage was real. There are cases in which they conduct green card interviews to see if you only got married to get the green card and not because you were in love. A quick divorce may cause the government to believe that this is what happened. But they still wouldn’t take your green card unless they conducted an investigation and found out that it was fraudulent all along. As long as it was real, you’ve done nothing wrong and you can keep your status.

If you are in this situation, it’s natural to feel rather concerned about the future, so be sure you know about your legal options

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