Getting a green card through marriage is one of the most common paths for foreign nationals to become permanent residents in the United States. However, many individuals who are in a marriage-based immigration process wonder: How long do I need to stay married to keep my green card? This question is crucial for those who are considering marriage to a U.S. citizen or a permanent resident and wish to understand the complexities of the process. In this article, we will break down the details of marriage-based green card applications, address how long you must stay married, and clarify the implications of divorce or separation.
What is a Marriage-Based Green Card?
A marriage-based green card allows a foreign national to obtain lawful permanent residence (also known as a green card) based on their marriage to a U.S. citizen or permanent resident. The U.S. immigration system offers this pathway to ensure that the marriage is legitimate and not solely for the purpose of obtaining immigration benefits. The application process involves submitting documentation that proves the authenticity of the marriage.
There are two primary types of marriage-based green cards:
CR-1 Visa: For individuals who have been married for less than two years at the time of their green card approval.
IR-1 Visa: For individuals who have been married for more than two years.
Each type of green card has different rules concerning conditional residence, which directly affects the length of time you must remain married for your green card to remain valid.
How Long Do You Have to Stay Married to Keep Your Green Card?
The U.S. immigration authorities require that the marriage remains legitimate throughout the green card process. But how long do you have to stay married for your green card to be valid?
Marriage for Less than Two Years: Conditional Green Card (CR-1)
If you have been married for less than two years at the time of receiving your green card, you will be granted a conditional green card (CR-1). This green card is issued on the condition that the marriage is real and not entered into solely for immigration benefits. The conditional status lasts for two years.
The key point is that your marriage must remain valid for the duration of the conditional period. The green card itself will not be valid indefinitely if the marriage ends before the two-year mark. The U.S. Citizenship and Immigration Services (USCIS) will closely scrutinize the marriage during this time to ensure it is genuine.
What Happens After Two Years?
As your second anniversary of receiving the conditional green card approaches, you will need to apply for removal of conditions. This involves submitting a joint petition with your spouse to prove that the marriage is still intact and that you are still living together. If USCIS is satisfied that your marriage is legitimate, they will remove the conditions, and you will receive a permanent green card.
Marriage for More Than Two Years: Permanent Green Card (IR-1)
If you have been married for more than two years at the time your green card is approved, you will receive an immediate relative green card (IR-1). This green card is permanent and does not come with any conditions attached. You do not need to worry about the two-year conditional period and the subsequent removal of conditions.
However, even with an IR-1 green card, USCIS may still look at the authenticity of the marriage if any red flags appear, such as a very short marriage before applying or if there is a suspicion of fraud.
What Happens if You Divorce or Separate Before the Conditional Period Ends?
One of the most frequently asked questions is what happens if the couple divorces or separates before the two years are up, or before the conditions are removed. The answer depends on the stage of the green card process and the circumstances of the divorce.
Divorce During the Conditional Green Card Period
If you divorce before the conditions on your green card are removed, your permanent resident status may be in jeopardy. However, there are options:
Waiver of the Joint Petition: If your marriage ends in divorce, you can apply for a waiver of the joint petition required to remove conditions. You will need to prove that the marriage was entered into in good faith (i.e., it was not fraudulent). Some common grounds for a waiver include:
Divorce or separation: You can prove that you are divorced or separated, but that the marriage was genuine.
Abuse: If you were a victim of domestic abuse, you may qualify for a waiver based on that.
Death of your spouse: If your spouse passes away during the conditional period, you may qualify for a waiver as well.
If your waiver is approved, you will not be penalized for the divorce, and the conditions on your green card will be removed.
Divorce After the Green Card Becomes Permanent
If your green card becomes permanent (after the conditions are removed), a divorce does not affect your green card status. You will retain your lawful permanent residency, and there will be no impact on your status with USCIS as long as the divorce was not found to have been a sham.
The Impact of a Sham Marriage
The U.S. government takes immigration fraud very seriously. If USCIS determines that the marriage was entered into solely for the purpose of obtaining a green card (a “sham marriage”), this could result in serious legal consequences. A sham marriage could lead to:
Denial of the green card application: If USCIS finds that the marriage was not genuine, your green card application will be denied.
Criminal charges: Entering into a fraudulent marriage for immigration benefits is a federal crime and can result in criminal charges, fines, or even deportation.
It’s essential to remember that the marriage must be real and not a marriage of convenience. Both spouses must provide substantial evidence that they are living together and sharing a life as a married couple.
What is the Duration of the Green Card Process?
The timeline for receiving a marriage-based green card varies based on several factors, including the service center processing your application, whether your spouse is a U.S. citizen or permanent resident, and whether additional documentation or interviews are required.
Processing Times for Marriage-Based Green Cards
If your spouse is a U.S. citizen:
The typical processing time for a marriage-based green card is between 10-13 months if you are applying from within the U.S. (adjustment of status).
If you are applying from outside the U.S. (consular processing), the process can take 12-18 months or longer, depending on your country of origin.
If your spouse is a U.S. permanent resident:
The processing time may take longer, typically between 12-18 months or more, due to the limited number of immigrant visas available for spouses of permanent residents.
Conclusion
When applying for a green card through marriage, the duration of the marriage plays a key role in determining the type of green card issued and the conditions that come with it. If you receive a conditional green card (CR-1), you must remain married for at least two years to successfully remove the conditions and maintain your permanent resident status. If you have been married for more than two years at the time of your green card approval, you will receive a permanent green card (IR-1) without the conditional period.
Divorce, separation, or the death of a spouse before the removal of conditions can complicate the process but does not automatically result in the loss of your green card. There are provisions in place to apply for waivers if necessary.
Remember, the most critical factor is to ensure that your marriage is genuine, as immigration fraud can have serious legal consequences. If you’re in a situation where you need to navigate the complexities of marriage-based immigration, it’s always a good idea to seek the advice of an experienced immigration lawyer.
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