The dissolution of a marriage prior to obtaining permanent residency through marriage to a U.S. citizen or lawful permanent resident presents complex legal and immigration challenges. The timing of a marital separation significantly impacts an individual’s eligibility for a green card. For example, if the marriage ends before the conditional residency is removed, the applicant faces hurdles in their immigration process.
Understanding the consequences of marital termination in the context of immigration proceedings is critical for both the foreign national and the U.S. citizen or lawful permanent resident spouse. Several factors influence the outcome, including the stage of the immigration process, evidence of good faith marriage, and the foreign national’s ability to demonstrate extreme hardship if forced to return to their country of origin.Historically, proving a bona fide marriage was essential to protect an immigrant’s status after a separation.