How Does Change in Marital Status Affect Immigrants?
- The children of permanent residents and U.S. citizens may normally (upon petition) be admitted to enter and permanently reside in the United States, provided that those children are unmarried and under the age of 21. Such persons are considered "immediate relatives," which means that they are not required to wait in line for a visa number to become available. However, if the child of a permanent resident or citizen marries, he or she will no longer be classified as an immediate relative, and his immigration is no longer priority. He becomes a "third preference."
- If marital status changes as a result of death, immigration status does not change upon the death of the citizen. A widow or widower that was married to a U.S. citizen at the time of the citizen's death may still apply for a green card. Previously, the law required the widow or widower to have been married to the deceased citizen for a minimum of two years, but this requirement was removed by Congress in October 2009. To immigrate, a widow or widower simply must prove legal marriage and vow that marriage was entered in good faith, rather than solely to obtain immigration benefit.
- When a citizen or permanent resident marries an immigrant, the immigrant spouse is eligible to apply for permanent residence on a conditional basis. A conditional basis requires that the married persons stay together for a minimum of two years before the conditions of residence are removed. When spouses have been married for two years, they must apply together to remove the conditions of residence within 90 days of the expiration date on the conditional resident card.
- If an immigrant is awarded temporary residence or permanent residence on a conditional basis because of marriage, he may no longer be eligible to apply for permanent residence if he and his spouse divorce. His resident status may be terminated and he may subject to removal from the United States. However, if the immigrant has already been awarded permanent residence with no conditions, divorce or change in marital status will not affect his immigration status.
Married Children
Widows and Widowers
Married Immigrants
Divorced Immigrants
Source...