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What If I Get Divorced Before I Get My 10-Year Green Card?If you married a U.S. citizen and currently hold a conditional two-year green card, you and your spouse must file a joint petition for removal of conditions during the 90 days before your current status expires. If your petition is approved, you will be granted a 10-year green card. But what happens if you get divorced before the conditions are removed? You may still be able to get an unconditional 10-year green card if you meet certain qualifications.

Who Gets a Conditional Two-Year Green Card?

The main paths that lead to a two-year green card include:

  • You marry a U.S. citizen abroad and, while still living abroad, apply for an IR-1 immediate relative/spouse immigration. If your marriage is less than two years old when your visa is granted, you will receive a CR-1 conditional two-year visa. If your two-year wedding anniversary has passed by the time your visa is granted, you will receive an IR-1 visa good for 10 years;
  • You come to the U.S. on a K-1 fiancé visa, get married within the required 90-day period, and apply for adjustment of status to obtain a green card. If your green card is granted before your second wedding anniversary, it will be a conditional two-year green card; or
  • You come to the U.S. on an F-1 student visa or other temporary visa and get married while in the U.S. While still in the U.S., you apply for an adjustment of status to obtain a green card. If your green card is granted before your second wedding anniversary, it will be a conditional two-year green card. 

U.S. immigration authorities established the two-year conditional period to deter marriage-fraud schemes wherein people pay a U.S. citizen to marry them in order to immigrate to the U.S. 

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Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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