What Happens With a Green Card When the Couple Splits?

Immigrants to the United States must posses a valid Resident Alien Card (i.e. Green Card).

When foreign citizens marry U.S. citizens, they can apply for a "Conditional Resident Alien Card," which is valid for only two years. This conditional status is the method by which the United States Citizenship and Immigration Services (USCIS) attempts to weed out aliens who get married for the sole purpose of obtaining a green card. The foreign citizen can travel to the United States with a short term visa, such as a tourist visa or a student visa, but cannot remain in the country legally after that visa expires without a valid green card.

Conditional Green Card

The Conditional Resident Alien Card expires two years after it is issued if the resident alien does not successfully apply to have the conditions removed. The couple must jointly file form I-751, Petition to Remove Conditions on Residence, to request a permanent resident alien card be issued.

Permanent Green Card

Successfully applying for a permanent resident alien card gives the immigrant permanent resident status for ten years from the date of issuance. Once in possession of a permanent resident card, the immigrant is no longer dependent on marital status to maintain that green card.

Divorce

If a couple is divorced while one of the spouses holds a conditional resident alien card, the application for removal of the conditions for residence will be rejected. However, the validity of the card is not affected. So, if the divorce were to occur one year after the conditional card was issued, there would still be one year in which the resident alien could remain in the United States (and/or apply for permanent status based on an exception).

Exceptions

Immigration law provides for three exceptions that might allow a divorced holder of a conditional green card to still successfully apply for permanent status by filing an I-751 form. If the marriage was entered into in good faith rather than in an attempt to gain a green card, the application might be accepted. If there is extreme hardship involved that would adversely affect the resident alien if they were deported---for example if the home country is involved in a civil war---the application might be accepted. If the marriage was dissolved or the separation occurred due to cruelty or abuse, the application might be accepted. These are the exceptions and, as such, do not occur very often. Seek legal counsel if you believe you qualify for such an exception.

References

• Human Rights Attorney: Conditional Green Cards
• Immigration Green Card: Can I Take My Husband's Green Card Away?
• US Immigration Services: I-751 Form