Divorce or separation may affect your lawful status and ability to stay in the United States if your stay is based on a visa that was granted in connection to your spouse’s application. That is why it is important to choose whether and when to separate or get a divorce. In other words, divorce or separation may affect your legal status as a conditional resident or if your status depends on your spouse’s status. If you are located in the East, it is wise to contact a lawyer in Maryland when it comes to legal issues like this.
If you have a status of a conditional resident through marriage, that status is limited to 2 years. To become a permanent resident, you must file Form I-751, a petition to remove conditions of residence. This must be filed during the final 90 days before your green card expires. Both spouses typically file this form together, but if the marriage has already ended under state law, you may file such form by yourself by including a waiver. A divorce can make becoming a permanent resident harder, but it is still possible. Legal matters such as this can always be consulted with a professional.