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If someone with a F-2 visa comes to the US with her F-1 spouse, then they apply for EB2-NIW green card (with the F-1 visa holder as the primary applicant and F-2 visa holder as his dependent), then can they still qualify for and get their green cards? And after that they get a divorce, what will happen to the wife who was the dependent of the applicant throughout the procedure? Will her Green Card expire and she must leave the US?

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    Do you already have a green card (as suggested in the title), or are you waiting to receive the green card (as suggested in the question text) ?
    – DavidRecallsMonica
    Commented Jun 25, 2021 at 0:34

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Nothing happens. Once she becomes a US permanent resident (i.e. green card holder), her status is not dependent on anyone else's status, nor on her relationship with anyone else. She can remain a permanent resident forever, renewing her card as many times as she wants, and she can apply for naturalization if and when she qualifies and is willing to.

(This, of course, assumes that the marriage was not fraudulent, i.e. they didn't enter the marriage to circumvent the immigration laws).

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  • Thank you! But who and when decide about is the marriage was fraudulent or not? Before getting the green card or after that? Or maybe before getting the citizenship?
    – user22663
    Commented Jun 23, 2021 at 0:17
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    @ensan3kamel: Well, they must have already believed, at least on a basic level, that the marriage was not fraudulent in order for you to have gotten a green card in the first place. Of course, they can always investigate you for fraud at any time in the future, including before, during, or after your naturalization process, if they suspect anything.
    – user102008
    Commented Jun 23, 2021 at 0:27
  • Somebody told me the dependent person will get a conditional green card with 2 years expiration date, if their marriage length was under 2 years. Then he/she must apply to remove the 2 year condition, after 2 years.
    – user22663
    Commented Jun 23, 2021 at 20:12
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    @ensan3kamel, If the dependent was included on the primary applicant's employer's I-140 petition then their green card won't be conditional. Only a spouse who is petitioned for via an I-130 by a spouse who is already a permanent resident may be given conditional status.
    – Dennis
    Commented Jun 23, 2021 at 21:33
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    @ensan3kamel: A derivative beneficiary who is the spouse of the principal beneficiary will always become a non-conditional permanent resident, regardless of the category of immigration of the principal beneficiary, and regardless of the length of the marriage.
    – user102008
    Commented Jun 23, 2021 at 23:09

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