There are considerable numbers of people who become Permanent Residents merely because they marry an American Citizen. However, there is a condition to be followed.
One of the biggest criteria is to be in the marital bond for a minimum of two years after getting married; the way a couple should stay together.
But, there could a case where an immigrant may not be able to continue with the marriage due to unavoidable circumstance. The questions arise if he or she loses “Immigration Status”?
Ways to become a Permanent Resident
There are people who become permanent Residents in US by getting an offer of employment, there are yet another set of people who get a job which enables them to get a Green Card. This in turn allows them to live and work in USA lawfully. Getting married to a US citizen is certainly a way to become a PR.
Impact of divorce on immigration status
When a spouse obtains the legal status of H-4 which is purely based on the legal status of his or her spouse who is in the country with the status of H-1B specialty worker then, getting divorced would invite to losing permanent residency status too.
Even otherwise also, if an immigrant receives a PR because of his or her spouse the n dissolving the marriage before two years would mean that the PR status would get converted to “Conditional Permanent resident Status”. One would certainly get an opportunity to prove that the divorce was non-anticipated and one did not get married only for the purpose of getting PR Status. You will have to prove that the intention was never to evade the immigration laws of the country.
The entire process would delay the person’s ability to make an application for boating citizenship in the country.
The measures one can take
The spouse with conditional permanent resident status and the one holding citizenship should make a joint application about removing the conditions on the residency status. This should be done before 90 days of the expiry date of permanent residence status.
There is a provision to apply for a waiver provided one can prove that the marriage was perfumed with all good intentions.
In all possibility, an immigrant married to an American Citizen can apply for citizenship only after three years of stay; otherwise one would need to stay for a minimum of five years before making an application.
There are a large number of cases when people marry a citizen of USA merely to become Permanent Residents and then to become Citizens sooner than otherwise. And this creates an issue for genuine lot of them too. However, even if a PR gets divorced before the mentioned period then also there are ways to save the Residency Status by proving that the marriage was not a sham. Therefore, one need not continue with any kind of uncomfortable marital relationship merely to save the residency status.
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