A person typically cannot file the I-751, the petition to get a 10-year green card, until 90 days before the two-year green card expires. However, if a person gets divorced, they can actually apply earlier. It is important to note that the divorce has to be final before a person can apply.
If the divorce starts around the time of the two-year anniversary, it can prove problematic. In that case, the couple would either file jointly if it is an ongoing marriage or they would need to get divorced quickly and then file independently. Generally, it is important to stick to that timeframe.
When a couple divorces and a person files independently, their former spouse can impact their petition in several ways. The spouse has the option to sign an affidavit that states it was a good faith marriage and that the foreign national should be able to get their 10-year green card. An attorney can help prepare this affidavit and other evidence that it was a good faith marriage.
For more answers about the process of filing a petition for a green card during or following a divorce, call Hacking Immigration Law, LLC today. Our experienced attorneys could help guide you through the process.