What happens to your green card status if you have been in USA one year and the marriage is falling apart?

If you came to America on a Fiance' Visa, then marry, but then after a year divorce is a serious possibility? How does this affect one's immigrant status?What happens to your green card status if you have been in USA one year and the marriage is falling apart?
Normally, and roughly 2 years from the day you got your green card, you are supposed to apply to remove conditions on your permanent residency using USCIS form I-751. Technically you're supposed to file within the 90-day period preceding the 2-year anniversary of obtaining your green card.





In your case you are supposed to apply jointly (with your spouse) to remove your conditions since you obtained your green card through marriage.


However and since your marriage is falling apart -- sorry to hear that, by the way -- you may apply for a waiver of the aforementioned joint requirement.


As it says in form I-751, if you entered the marriage in good faith but that marriage ended in divorce, you may still file to remove conditions.


I urge you to read the instructions to form I-751 for more details:


http://www.uscis.gov/files/form/I-751ins鈥?/a>


Also read the form itself:


http://www.uscis.gov/files/form/I-751.pd鈥?/a>


Also also see this guide on the I-751 process:


http://www.visajourney.com/forums/index.鈥?/a>


The guide is more for couples whose marriage is working out but it'll give you some pointers nevertheless.





So as you can see, your case is common enough that it's fully provisioned for by law and USCIS forms.


Therefore, just fill in the form to the best of your abilities. An I-751 application is usually subject to an interview with a USCIS officer, so be prepared for that. There's no guarantee in that process but if everything you did was in good faith, you subsequently got divorced, and you can prove that basically you had a genuine relationship which didn't work out in the end, you should be fine.





Edit: or you can go home like other people are suggesting but you do not have to unless the government orders your removal. Again, see the links I posted, and my advice to you is not to listen to anything or anyone telling you something different from what the forms say, which is what I laid out in front of you.What happens to your green card status if you have been in USA one year and the marriage is falling apart?
If the marriage ends, the reason for allowing the foreign spouse into the US ends, and that party must return to their own country.





If the marriage is already failing, do not try to avoid telling Immigration, or find away around reporting requirements. Then it becomes fraud. In certain circumstances (such as suspected marriage fraud), a foreign spouse up to two years after being naturalized can have naturalization revoked and be deported.





If the marriage has already broken down, spare yourself more pain and grief, get a divorce and go home. You will get over this much faster being with your family and friends than stuck far away from them.
if your still on the Conditional green card and the Marriage goes South (end up in divorce). you lose your immigrant benefits to be in the U.S....








if Conditional green card has been removed and you got your Permanent Resident ( 10 year Green Card). You good to stay here!!!
If the marriage ends in divorce, you will lose your benefit and the privilege of being in this country. You must return to your own country.