How will divorce effect green card/visa/residency status?

Question

A women came to the US on a fiancee visa and married. Now she wants to divorce for legitimate personal reasons, not as a residency scheme. How will this effect residency status? Could she be deported?

Answer 1

It depends largely on how long she has been married and if she still has a conditional residency green card. If she's been married for less than 2 years, it's going to be very difficult to preserve her current status in the US. If she loses her status and doesn't leave or find some new status, then yes, she would be subject to deportation, and at the very least, she'd be illegal. There are a few limited exceptions to the 2 year requirement. She should talk to an immigration attorney and see whether they might apply to her and to explore her options, if any.

Answer 2

If she has been married at least 2 years, she will be able to apply for the citizen test or continue with the green card. After the 2 year green card you will get a 10 year green card. When you get your 1st 10 year card, they remove the status from your card (getting a green card when married to an American). I know from personal experience, was married to an American for 5 years when I left him, they will not 'kick' you out, unless you committed a crime.

Answer 3

I would assume that yes she could be deported.  She might be able to apply for citizenship.

Answer 4

unless you can prove yourself a battered wife  you will loose your status  as we say in America you got to go   its reasonable to believe that she will be investigated by ICE  for marriage fraud