Is it possible to obtain a green card after the dissolution of a marriage?

An inquiry was raised regarding the possibility of obtaining a green card after the termination of a marriage to a U.S. citizen. The circumstances are as follows:

Lucia and Armando were introduced via an online dating platform. Despite the challenges presented by long distance and differing time zones, they developed a meaningful relationship. Following several months of consistent communication through messages and video calls, Armando traveled internationally to visit Lucia and meet her family in person. This visit played a pivotal role in solidifying their commitment to one another. Upon returning to the U.S., Armando promptly initiated the process of filing a fiancée visa petition for Lucia.

After several months, the petition was approved, allowing Lucia to arrive in the U.S. with the purpose of marrying Armando and establishing a life together. The couple held a formal wedding ceremony attended by family and friends. They purchased a residence and, shortly thereafter, Lucia became pregnant. She secured employment as a cleaner at a local department store while attending evening English classes. Lucia appreciated her supportive husband, their expanding family, a comfortable home, steady employment, and the opportunities that lay ahead.

However, in the fourth month of pregnancy, Lucia experienced a miscarriage. She considered that this may have been due to the demands of her work as a cleaner or the stress associated with attending school. Lucia was deeply affected by the event. Armando was also significantly impacted by the loss and began consuming alcohol excessively, with ensuing episodes of aggression directed toward Lucia, whom he held responsible for the miscarriage.

Armando's anger began to negatively affect his relationship with Lucia. He verbally abused her, demeaned her in public and, on several occasions, was absent from home for extended periods. As their relationship deteriorated, both parties concluded that they could no longer remain together as husband and wife. Subsequently, Armando initiated divorce proceedings against Lucia, which were ultimately granted by the court.

Following their marriage, Lucia was granted conditional permanent residency in the U.S., enabling her to live and work in the country. With the subsequent dissolution of their marriage, her conditional status is set to expire, and a petition would ordinarily be required to remove those conditions. Given that the divorce has been finalized and Lucia is no longer married to the petitioner, Armando, the question arises as to whether she remains eligible to apply for removal of the conditions on her residency and thereby obtain full 10-year permanent residency.

The answer is affirmative. However, it is essential that she demonstrates to USCIS her genuine intent in entering the U.S. to marry Armando in good faith, evidencing that their relationship was authentic and not solely motivated by obtaining a green card. Appropriate documentation may include personal statements, affidavits from friends and family attesting to the couple's legitimate relationship and cohabitation, evidence of joint property ownership (such as a shared residence), jointly-filed tax returns, bank statements for joint accounts, medical records related to her pregnancy listing Armando as the father, photographs taken together on vacations and special events, and any other materials substantiating their marriage as a true partnership.

USCIS acknowledges that some marriages may not endure and that changes can occur within relationships. The agency's primary concern is to ensure that the marriage between a U.S. citizen and an intending immigrant was not entered into fraudulently for the purpose of obtaining permanent residency. USCIS treats visa fraud as a serious offense, and addressing marriage fraud remains one of its highest enforcement priorities.