Divorce and green card maintenance for a conditional green card holder
I married my husband and received my conditional green card 2 months ago.
For unavoidable reasons, I’ve decided to get a divorce — I’d like to know if I can still obtain my green card in this situation.
For divorce issues involving a conditional green card holder, please contact our civil matters department at T. 212-321-0311 / info@eslaws.com for more detailed guidance.
Generally, as long as the marriage itself was genuine, you can still obtain your green card. However, this isn’t a 100% guarantee. USCIS will look closely at whether the marriage was genuine, examining detailed information going back to when you first started dating.
For an uncontested divorce reached by agreement rather than litigation, even if you file the divorce paperwork now, the marital relationship would likely fully end before your conditional green card expires. Afterward, you’d be in a position where you’d need to file to remove the conditions on your own (a waiver of the joint filing requirement). Please be sure to consult with an attorney for the details.