If you obtained your lawful permanent residency through marriage to a U.S. citizen and you are now going to be divorced there may be serious consequences.

Foreign nationals who obtain lawful permanent residency through marriage to a U.S. citizen are initially granted conditional lawful permanent residency for a period of 2 years. Ninety days prior to the expiration of this 2 year period the conditional lawful permanent resident and his or her U.S. Citizen spouse are required to file a joint petition to remove the conditions on the residency.

If the marriage is terminated prior to the expiration of the two year period the USCIS may not grant a permanent green card.

If the relationship is still amicable and the parties can file the petition jointly the petitioner must establish the the marriage was entered into in good faith and not for the purposes of obtaining a green card. This is more difficult to establish when the parties are divorced or separated but it is possible and the divorced or separated conditional resident can still obtain a permanent green card.

If the U.S. Citizen is not willing to file the petition jointly, the condition resident must also seek a waiver of the joint filing requirement.

In either case, this is a very serious situation and can result in the loss of your permanent residency if not handled properly.

Learn more about the immigration issues related to failed or failing marriages here.