Divorce can be a hard situation to go through. But when your ability to stay in the United States depends on the marriage, the stakes become a lot higher. Immigration-related divorces raise a unique problem, especially for people with green cards, conditional residency, or pending citizenship.
Understanding how divorce may affect your immigration status is critical to protecting your future and avoiding serious legal consequences.
How Immigration Status Interacts With Divorce
Marriage is a common path to lawful permanent residence in the United States. When a marriage ends before the immigration process is finished, it can hinder whether or not you can stay in the country.
This is especially true if you are a conditional green card holder who is applying for adjustment of status or looking for citizenship through a U.S. citizen spouse.
Conditional Green Cards and Divorce
If you received your green card within two years of your marriage, you must consider it conditional. To remove those conditions and become a permanent resident, you must typically file Form I-751 with your spouse. But what happens if the relationship ends before that?
You can still file Form I-751 on your own by requesting a good-faith marriage waiver. This means you must show that the marriage was genuine and not fraudulent. Working with a divorce attorney in San Jose or an experienced family law attorney can help you prepare strong supporting evidence and avoid mistakes that could affect your status.
Divorce in the Middle of Immigration Process
If you experience a divorce during the immigration process, the authorities could delay or deny your application. The United States Citizenship and Immigration Services (USCIS) will closely examine your case to determine whether your marriage was bona fide or merely a pathway to a green card.
In these cases, consulting with a seasoned immigration or paternity lawyer is crucial for adjusting your strategy and preparing strong documentation to protect your legal standing.
Citizenship and Divorce: A Critical Shift
Divorce doesn’t always affect citizenship, unless your citizenship application is based on marriage to a U.S. citizen. If you’re applying under the three-year marriage-based rule and the marriage ends, you will no longer be eligible for citizenship. However, you can still apply for citizenship after five years as a permanent resident.
While this can cause some delays, it does not affect your lawful status if you already have a green card.
Key Legal Considerations When Divorcing an Immigrant Spouse
1. Affidavit of Support (Form I-864)
By signing this legally binding document, you can continue to have financial responsibility for your spouse after divorce until they:
- Become a U.S. citizen.
- Have worked 40 qualifying quarters (approximately 10 years).
- Leave the U.S. permanently.
- Die.
This responsibility applies even if the court has already ordered spousal support in California.
2. Alimony and Financial Support
When divorcing an immigrant spouse, financial support obligations such as alimony can overlap with the Affidavit of Support. Working with an alimony attorney experienced in immigration-related divorce cases can provide important guidance.
Legal Guidance for Immigration and Divorce Matters
Immigration and divorce can be complicated, but divorce does not automatically cause deportation or visa denial. What matters most in this case is showing that the marriage was genuine and that you followed all the immigration requirements before anything happened.
The safest course of action is legal preparation. Whether you’re seeking to remain in the country after a marital split, adjusting your green card application mid-divorce, or simply trying to understand your rights, you don’t have to do it alone.
Book a consultation with a knowledgeable legal team that understands both immigration and family law. The future may be uncertain, but with the right help, it doesn’t have to be unstable.
Frequently Asked Questions
It depends on your visa type and country’s immigration rules. Some visas may require you to leave, while others may allow you to apply for a change of status or a different visa category.
If you already have a permanent resident card (green card), divorce generally does not affect your status, but it may impact the timeline or eligibility for citizenship if your application is based on marriage.
Yes, in most cases, it’s recommended (and sometimes required) to notify immigration authorities about your marital status change to remain in compliance.
Not always. In many countries, divorce will end your dependent or spouse visa, but you may be able to switch to a different visa type if you meet eligibility requirements.
Yes, typically you can remain in the country while your divorce is pending, as long as your current visa is still valid. But you should prepare for potential visa changes once the divorce is finalized.
Reviewed by: Paul Seabrook, Attorney at Law (CA Bar No. 296286)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. If you are in immediate danger, call 911.
