Divorce after Green Card

[psilva00]

My wife and I have just received the Green Card. She was the main applicant on this EB case. However, our relationship is not healthy anymore. So, how long do I have to stay married after receiving the Green Card for later citizenship purpose? Again, she applied through an employer and I received through her. I just don't want to have any problems when I apply for citizenship 5 years from now.
Thank you

 

[mmed]

My wife and I have just received the Green Card. She was the main applicant on this EB case. However, our relationship is not healthy anymore. So, how long do I have to stay married after receiving the Green Card for later citizenship purpose? Again, she applied through an employer and I received through her. I just don't want to have any problems when I apply for citizenship 5 years from now.
Thank you

Once you rec'd GC as a dependent from emplyoment based category, continuation of the relation even for one day is not required anymore and will not affect citizenship application by any mean

 

[Jackolantern]

For an employment-based green card for which you are the spouse of the primary applicant, as long as you got married before green card approval and stay married until the day the green card is approved, there is no obligation to stay married for a specific length of time after that.

However, USCIS can still look at the totality of the circumstances to determine if the marriage was a sham that existed only for the green card. For example, suppose you got married 2 months before the green card was approved and then filed for divorce a day after approval. That could raise a red flag that prompts further investigation.

 

[psilva00]

Thank you for the responses. We got married right before we applied, seven years ago. We started dating 10 years ago. But unfortunatelly, it's coming to an end. I am gonna hold until next year and then file for divorce. In her case, does she have to continue working for the sponsor for a little longer? She is a great person and I wish her well.

Thank you

 

[Jackolantern]

7 years? You'll have no problem with your green card even if you divorce tomorrow. Don't let the green card delay your divorce plans.

In her case, does she have to continue working for the sponsor for a little longer?

Maybe, but after 7 years with the employer I seriously doubt there would be a problem if she quit today. Since the passage of AC21, there have been no known cases of citizenship being denied or green cards being revoked for leaving the employer too soon. A few have been hassled in the interview about it, but they still got approved for citizenship.