Immigration Corner | My husband left after filing for my 10-year green card

Good Day Mrs Walker-Huntington,

I was reading the Jamaica Gleaner and saw your column, and I am hoping you could advise me as well.

I have been married for four years. My husband recently decided to leave me, and has now filed for divorce. He moved out on November 2, 2020, and I was served the divorce papers on December 22, 2020.

I have the conditional two-year green card, which was extended for 18 months after we (my husband and I) filed the papers on August 7, 2020, for the permanent 10-year green card. My question is, how can this affect my filing status, and what is the best way forward?

– M.

Dear M.,

Unfortunately, almost half of all marriages in America end in divorce and the US Citizenship & Immigration Services (USCIS) is aware of that sad statistic. At the time of your green card approval, you were married for less than two years, hence USCIS issued a two-year conditional green card.

The regulations require you and your spouse to file jointly to remove the condition on the green card and apply for a 10-year card. This requires a married couple to submit evidence of their continued marriage and relationship after the issuance of the two-year card until the time of filing to remove the condition. If the package is sufficient to USCIS, they will send the green card in the mail to you and that will be the end of that process. However, if they decide that they have questions about the validity of the marriage, they will schedule an appointment for the couple to appear for an interview. USCIS can also send a Request for Evidence (RFE) to supplement the initial filing.

If a couple separates before filing, they are required to divorce, and the immigrant spouse must file by themselves requesting a waiver of the joint filing requirement, while at the same time providing evidence of the validity of the marriage from green card to date of separation/divorce.

In your situation, if you are sent an RFE or a request for an interview, you would need to withdraw your initial joint filing and resubmit with proof of your divorce and evidence of the validity of the marriage during the relevant period. Regrettably, the separation/divorce of couples before the 10-year green card is issued is a potentially difficult scenario for the immigrant spouse, but it is not insurmountable. It is delicate because if done incorrectly, the immigrant spouse can be placed in removal proceedings. Even if you have done the previous filings in your immigration matter by yourself, this is one area in which you should seek legal representation.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com