The termination of a marriage subsequent to the granting of conditional permanent residency based on that marriage introduces complexities into the resident’s immigration status. Specifically, individuals who obtain a two-year conditional green card through marriage to a U.S. citizen or lawful permanent resident face unique challenges if the marriage dissolves before they can apply to remove the conditions on their residency. This situation differs significantly from those who receive a ten-year green card immediately, as their residency is not contingent upon the continuation of the marital relationship.
The primary concern revolves around the conditional resident’s ability to prove the validity of the marriage that led to the green card in the first place. Immigration law requires demonstrating that the marriage was entered into in good faith, and not solely for the purpose of circumventing immigration laws. Evidence such as joint bank accounts, leases, insurance policies, and affidavits from friends and family can be crucial in establishing this. The dissolution of the marriage does not automatically negate the validity of the initial intent; however, it places a greater burden on the resident to provide compelling evidence of the marriage’s legitimacy. Historically, immigration authorities have viewed such situations with increased scrutiny, underscoring the importance of thorough documentation and legal representation.
