Divorce quickly becomes more complicated when immigration status is involved.

If you’re facing the end of your marriage and your right to remain in the US depends on your spouse, you’ll likely have urgent questions about your future. Can you stay legally in the US? Will your spouse be able to withdraw your green card? What happens next?

US immigration law around divorce is not straightforward, but understanding your rights and options clearly and early on can help you protect your status and make informed decisions.

This guide explains exactly how divorce affects your green card, what USCIS expects from you, and how you can confidently navigate the immigration challenges that arise from the breakdown of your marriage.

 

Section A: Divorce during Conditional Green Card period

 

A conditional green card is a type of lawful permanent resident status issued to certain immigrants whose eligibility is based on a recent marriage to a US citizen or permanent resident. The purpose of the conditional green card is to allow the government to verify that the marriage is genuine and not entered into for the purpose of securing immigration benefits.

Conditional permanent residency is granted when the foreign spouse has been married to the US citizen or green card holder for less than two years at the time their residency is approved. This applies whether the immigrant applies from abroad through consular processing or from within the United States through adjustment of status. The two-year mark is a fixed threshold that determines whether the immigrant will receive a conditional or a full 10-year green card.

The US government applies the conditional status rule to help prevent fraudulent marriages. By limiting the initial green card to two years, immigration officials reserve the right to review the relationship again before granting full permanent residency. This review is meant to confirm that the couple intended to build a life together when they married, rather than enter into the relationship solely to obtain immigration benefits.

 

1. 2 year marriage rule

 

Conditional permanent residents are subject to additional requirements that do not apply to those with 10-year green cards. The key difference is that conditional residents must take further action to maintain their status. Within the 90-day period before the two-year green card expires, the couple must file Form I-751, Petition to Remove Conditions on Residence. This petition must include evidence that the marriage is still ongoing and was genuine at the time it began.

If the couple is no longer together, whether due to divorce, separation, or abuse, the foreign spouse may still file Form I-751 on their own. In those cases, the burden falls on the individual to show that the marriage was real, even if it ultimately ended. A failure to file this petition, or a failure to convince USCIS that the marriage was legitimate, can result in the termination of permanent resident status and the start of removal proceedings.

Conditional green card holders are considered lawful permanent residents and have most of the same rights as other green card holders. However, the conditional status serves as a temporary step in the process, with the two-year rule acting as a checkpoint to verify the authenticity of the relationship that led to permanent residency. Understanding this distinction is essential for any immigrant whose green card is based on a recent marriage.

 

2. Divorce during the Conditional Green Card period

 

A divorce during the conditional green card period can significantly impact a foreign spouse’s immigration status. When permanent residency is granted based on a marriage that is less than two years old, the green card is issued on a conditional basis and is only valid for two years. To keep lawful status, the couple must take further steps before that green card expires. If the marriage ends during that two-year window, the immigrant spouse will no longer be able to file jointly with their US spouse and must request an exception to stay in the United States.

 

4. Joint filing requirement

 

To convert a two-year conditional green card into a 10-year permanent green card, the foreign spouse and their US citizen or permanent resident spouse must typically file a joint petition using Form I-751, Petition to Remove Conditions on Residence. This must be submitted during the 90-day period before the conditional green card expires. The petition includes documentation showing that the marriage is ongoing and was entered into in good faith.

When a divorce occurs before Form I-751 is filed, the foreign spouse is no longer eligible to file jointly. In this situation, they must apply for a waiver of the joint filing requirement. The petition can still be submitted individually, but the applicant must provide evidence supporting the reason for the waiver.

 

5. Waiver options after divorce

 

USCIS allows three main waiver categories for conditional green card holders who are no longer married to their sponsor. The first is based on a good faith marriage that ended in divorce or annulment. To qualify, the immigrant must show that the marriage was real at the outset, even if it later failed. The divorce must be final at the time the waiver petition is filed.

The second waiver applies to individuals who were subjected to abuse or extreme cruelty by their US spouse. In these cases, the marriage does not need to be legally ended, but the immigrant must provide evidence of the mistreatment, which may include police reports, medical records, protective orders, or sworn statements from witnesses.

The third waiver is based on extreme hardship. This applies when the immigrant can show that they would face severe hardship if required to leave the United States, regardless of how or why the marriage ended. The hardship must be connected to factors beyond what would normally be expected when someone is removed from the country.

Each waiver type has specific evidence requirements, and USCIS evaluates each case on its own merits. Applicants can request more than one waiver category if more than one situation applies.

 

6. How USCIS Evaluates a Good Faith Marriage

 

Proving that a marriage was entered into in good faith is central to any waiver application based on divorce. USCIS does not expect the couple to still be in love or to have had a perfect relationship. The key question is whether the marriage was real when it began.

To determine this, immigration officers look for signs that the couple built a life together. Evidence may include shared bank accounts, joint property leases or mortgage documents, utility bills, insurance policies listing both spouses, photos taken over time, text messages, travel records, and affidavits from friends or family who were familiar with the relationship.

USCIS will assess the timeline of the marriage, the circumstances of the separation or divorce, and the consistency of the evidence submitted. If the officer believes the marriage was primarily entered into for immigration purposes, the waiver may be denied, and the immigrant may be placed in removal proceedings.

Divorce during the conditional residency period can be stressful and uncertain, but it does not automatically mean the immigrant must leave the country.

 

Section B: Divorce after 2 years of marriage

 

Divorce after two years of marriage has a different impact on immigration status than divorce during the conditional green card period. If a foreign national is already a lawful permanent resident with a 10-year green card, the consequences of ending the marriage are usually limited. In most cases, the person will retain their immigration status and continue living and working in the United States without issue.

 

1. Green Card status after divorce

 

A green card holder who has already received a 10-year permanent resident card is not required to remain married to their US citizen or permanent resident spouse to keep that status. The green card is no longer dependent on the marital relationship once it has been issued on a permanent basis. Divorce, on its own, does not trigger a review or cancellation of the person’s residency. The individual may continue renewing the green card every ten years and can remain in the United States indefinitely as a lawful permanent resident, provided they comply with all other immigration rules.

The right to permanent residence is not automatically tied to the continuation of the marriage once it has passed the conditional stage. That said, permanent residency can still be lost for other reasons, such as abandonment of US residence, criminal conduct or immigration fraud. But a legitimate divorce, in itself, is not a reason for status to be revoked.

 

2. USCIS reviews

 

Even though most divorces after two years do not affect green card status, there are exceptions where the government may revisit the circumstances of how the green card was obtained.

If USCIS has reason to believe the original marriage was fraudulent, the agency can open an investigation. This might occur if new evidence surfaces or if the individual applies for another immigration benefit, such as naturalization. During the naturalization process, USCIS reviews the person’s entire immigration history, including the marriage that led to permanent residency.

If an immigration officer suspects that the marriage was not genuine when the green card was approved, they can examine documents, conduct interviews or issue a request for additional evidence. For example, if the couple separated immediately after the 10-year green card was granted, and the timeline raises questions, USCIS may want to confirm that the relationship was legitimate at the time of approval. However, the government must have specific, credible evidence of fraud before taking action.

A green card obtained through a valid marriage is not in jeopardy simply because the couple eventually divorced. Many marriages end for personal reasons that have nothing to do with immigration. USCIS understands that relationships can fail, and it does not expect every marriage to last forever. The concern arises only when there are signs that the relationship was never genuine to begin with.

Lawful permanent residents who divorce after receiving a 10-year green card typically do not need to take any immediate immigration-related action. Their status remains intact, and they continue to enjoy the same rights and responsibilities as any other green card holder. If applying for citizenship later on, they should be prepared to answer questions about their marital history and may be asked to provide basic evidence that the original marriage was real. However, in the absence of fraud, divorce after two years does not usually threaten someone’s right to remain in the United States.

 

Section C: How Divorce affects naturalization eligibility

 

When a green card holder begins to think about applying for US citizenship, the timing of their application depends in part on how they obtained permanent residency and whether they are still married to the spouse who sponsored them. A divorce can affect when an applicant becomes eligible to naturalize, especially if they planned to use the shorter three-year route based on marriage to a US citizen.

 

1. The Three-Year vs. Five-Year Rule

 

US immigration law allows permanent residents who are married to and living with a US citizen to apply for naturalization after just three years of holding a green card, instead of the usual five. To qualify under the three-year rule, the applicant must have continuously lived with their US citizen spouse during those three years, and the spouse must have held US citizenship for the entire period.

If the marriage ends in divorce before the three-year mark, or before the naturalization application is submitted, the foreign national no longer qualifies under this faster timeline. In that case, the standard five-year rule applies. The applicant must wait until they have held permanent resident status for five years before becoming eligible to file Form N-400, Application for Naturalization.

The moment the divorce is finalized, or the couple separates permanently, the three-year pathway closes. It does not matter if the marriage was genuine or lasted for most of the three years—if the legal marriage is not intact at the time of filing, the applicant is no longer eligible under the shorter rule.

 

2. Continuous Residence and Good Moral Character

 

Regardless of the timeline, all applicants must meet the standard naturalization requirements, which include continuous residence, physical presence, and good moral character. Continuous residence means maintaining a primary home in the United States for the required period—either three or five years, depending on the case. Long trips outside the country, especially those lasting six months or more, may break the continuity and reset the timeline.

Good moral character is another key requirement. USCIS looks at an applicant’s conduct during the relevant eligibility period to assess whether they have upheld the laws and values expected of future citizens. Divorce itself does not disqualify someone, but related issues such as failure to pay court-ordered support, domestic disputes, or dishonesty in immigration filings can raise red flags during the naturalization process.

If the applicant obtained their green card through marriage, USCIS may review the original marriage again during the citizenship interview, especially if the divorce occurred shortly after permanent residency was granted. The officer may ask for evidence that the marriage was real when it began. A clean record, well-prepared documentation, and consistent answers are all important during the naturalization process.

While divorce may delay a green card holder’s path to citizenship, it does not bar them from applying altogether. With the five-year rule, they can still become a US citizen, as long as they meet all other eligibility requirements.

 

Section D: What evidence does USCIS require in divorce cases?

 

When a marriage ends and immigration status is still tied to that relationship, the burden falls on the foreign spouse to prove that the marriage was real from the beginning. USCIS will not assume that a relationship was legitimate simply because it lasted a certain period of time or involved legal marriage. Instead, the agency expects clear, well-organized documentation that shows the couple shared a life together in a meaningful way.

 

1. Proving a Good Faith Marriage

 

USCIS looks for signs that the couple intended to build a genuine life together at the time of the marriage. The strongest cases include evidence showing a shared home, finances, and daily life. Documentation often includes lease or mortgage agreements with both names, joint bank account statements, tax returns filed together, and utility bills sent to the same address. Photos, travel records, and correspondence between the spouses can also help demonstrate a personal bond. Affidavits from friends, family, neighbors, or clergy who observed the relationship can also carry weight if they are detailed and credible.

Couples who had children together are often in a stronger position, especially if they can provide birth certificates, school records, and other documents that reflect shared parenting responsibilities. The more evidence there is of consistent, overlapping routines and responsibilities, the easier it becomes to show that the marriage was not simply for immigration purposes.

 

2. Timing of Divorce and USCIS Scrutiny

 

When a divorce occurs shortly after a green card is issued, USCIS may take a closer look at the relationship. This is especially true during the conditional green card period or when the foreign spouse is applying to remove the conditions on residence. A sudden or unexplained separation soon after approval can raise concerns that the marriage may have been entered into for immigration benefits.

Even when a green card holder is applying for naturalization years later, a past divorce may still be reviewed if there are questions about the original marriage. If the divorce occurred before the couple had a chance to file Form I-751 together, or if the US spouse refused to cooperate in that process, the applicant will need to be prepared to explain the situation and support it with detailed records.

 

3. Strengthening a Waiver Filing After Divorce

 

Filing Form I-751 without the help of the sponsoring spouse requires a waiver of the joint filing requirement. To succeed on this basis, the foreign spouse must show that the marriage was entered into in good faith and that the relationship ended for reasons beyond their control. The petition should include as much evidence as possible to illustrate the sincerity and substance of the relationship.

In addition to joint documents from the marriage, applicants can include evidence of counseling efforts, correspondence discussing marital difficulties, and divorce records that explain the breakdown of the relationship. If there was abuse, police reports, medical records, protective orders, or therapist statements may support the waiver on the basis of cruelty. In hardship cases, documentation may include medical conditions, country conditions, or financial records showing that removal would result in severe consequences.

Filing alone does not mean the petition will be denied, but USCIS will expect a strong and well-documented case. A clear timeline, organized documents, and honest explanations are all essential to convincing the agency that the marriage was legitimate and that the foreign spouse should be allowed to remain in the United States. An experienced immigration attorney can help assess what evidence will be most effective and how to prepare a complete and persuasive application.

 

Section E: Financial responsibility after divorce (I-864 Support)

 

When a US. citizen or permanent resident sponsors a spouse for a green card, they are required to sign Form I-864, known as the Affidavit of Support. By signing this legal contract, the sponsor agrees to financially support the immigrant and ensure they do not become reliant on public benefits. The affidavit is a binding promise made to the US government, and it carries real legal weight.

 

 

1. Sponsor Obligations Under the Affidavit of Support

 

The obligation under Form I-864 requires the sponsor to maintain income at or above 125% of the federal poverty guidelines, sufficient to support the immigrant. If the sponsored immigrant receives means-tested public benefits such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), or Temporary Assistance for Needy Families (TANF), the government may seek repayment from the sponsor. The affidavit lasts until the immigrant becomes a US citizen, earns 40 qualifying work credits (roughly 10 years of work), leaves the United States permanently, or passes away.

 

2. Divorce Does Not End Financial Responsibility

 

Divorce does not automatically terminate the sponsor’s obligations under the affidavit. Even if the marriage ends, the sponsor remains financially responsible for the immigrant until one of the conditions that end the obligation is met. The dissolution of marriage does not relieve the sponsor from repaying public benefits received by the immigrant or supporting the immigrant if they fall below the income threshold.

 

3. Potential for Government Reimbursement Claims and Lawsuits

 

If the sponsored immigrant uses public benefits, the agency providing those benefits can legally demand reimbursement from the sponsor. In some cases, failure to fulfill the support obligation can lead to legal action. The government may file a civil suit against the sponsor to recover funds paid to the immigrant. The sponsored immigrant themselves may also bring a private lawsuit to enforce the support agreement, depending on state laws.

Sponsors often underestimate the long-term nature of their financial commitment. It is important to understand that the I-864 affidavit creates a legally enforceable contract that survives divorce. If a sponsor is concerned about ongoing financial liability after divorce, consulting an immigration attorney is advisable to understand rights and responsibilities.

 

Section F: Can a US citizen cancel a Green Card after divorce?

 

Many people mistakenly believe that once a foreign spouse obtains a green card through marriage, the sponsoring US citizen can later cancel or revoke that status simply by filing for divorce. However, the law does not grant sponsors the authority to unilaterally cancel a green card after it has been issued. Once permanent residency is granted, it becomes the legal status of the immigrant, independent of the sponsor’s wishes.

Only USCIS or Immigration and ICE have the power to revoke or terminate lawful permanent resident status. Revocation typically requires formal legal proceedings and is based on specific grounds such as fraud, misrepresentation, or violations of immigration law. The divorce itself does not automatically trigger any revocation or loss of status. Instead, USCIS must review the case and determine if there is sufficient evidence to question the validity of the green card.

If a US citizen believes that the marriage was fraudulent, that it was entered into solely for the purpose of obtaining immigration benefits, they can report their concerns to USCIS or ICE. The reporting process generally involves submitting a written statement outlining the reasons for suspicion, accompanied by any supporting evidence. USCIS may then investigate the claim, which could include reviewing application documents, conducting interviews, and requesting additional information.

Filing a report does not guarantee immediate action or cancellation of the green card. USCIS will only move forward if the evidence indicates that fraud likely occurred. False or unfounded accusations can carry legal consequences, so it is important to report only when there is credible reason to believe fraud has taken place.

The sponsor’s ability to influence an immigrant spouse’s lawful permanent resident status ends once the green card is granted. Any challenge to that status must be pursued through the proper legal channels by immigration authorities. Divorce does not provide a direct means for a sponsor to cancel or undo a green card, but allegations of fraud can trigger investigations that may lead to revocation if proven. Understanding these legal boundaries helps prevent misunderstandings and encourages appropriate handling of difficult situations following a divorce.

 

Section G: Impact on Children & Dependents

 

Divorce between a green card holder or US citizen and their spouse can have implications not only for the spouses themselves but also for any children or dependents included in the immigration process. Children and other dependents often hold derivative visa status, meaning their lawful presence in the United States is tied to the primary visa holder’s status and application.

 

1. Impact on derivative visa holders

 

Children who are listed as dependents on their parent’s visa petition or green card application typically receive derivative status that allows them to live, study, and sometimes work in the United States. When the sponsoring parent divorces the US citizen or green card holder, the children’s immigration status usually remains unchanged, as long as the primary visa holder maintains lawful status.

However, the status of children or other dependents can become uncertain if the primary visa holder’s status is jeopardized by divorce, especially during conditional residency or when the immigrant’s eligibility is based heavily on the family relationship. If the principal applicant loses eligibility for permanent residency or faces removal proceedings due to a failed marriage-based petition, dependents may also be affected.

 

2. Effects on pending petitions

 

If there are pending immigration petitions involving family members connected to the marriage, divorce can complicate the process. For example, if a green card holder has petitioned for a spouse, children, or other relatives to join them in the US, a divorce may cause USCIS to reevaluate those petitions. The agency will consider whether the underlying family relationship is still valid and whether the sponsorship remains appropriate.

In some cases, divorce may lead to the denial of derivative visa applications or delay the processing of petitions. If the principal petitioner is no longer married or no longer able to support the dependents’ immigration status, USCIS may request additional evidence or issue notices of intent to deny. It is important for affected individuals to consult with immigration counsel to understand the potential impact on their petitions and explore possible alternatives.

Divorce can create uncertainty for children and other dependents whose immigration status is linked to a marriage-based petition. While derivative visa holders often maintain their status if the principal applicant remains eligible, changes in the family relationship may prompt closer scrutiny from immigration authorities. Staying informed and seeking legal advice early can help protect the rights of all family members during and after the divorce process.

 

Section H: Need assistance?

 

Yes, consulting an immigration and family law solicitor can To help you understand your rights, ensure proper handling of paperwork and protect your immigration status through the divorce process, speak to our US immigration attorneys.

 

Section I: FAQs

 

Can I lose my green card if I divorce my spouse?

If you hold a conditional two-year green card, a divorce may affect your status unless you apply successfully for a waiver by proving the marriage was genuine. If you already have a permanent (10-year) green card, divorce generally does not affect your status.

 

What is the difference between a conditional and a permanent green card?

A conditional green card is valid for two years and is usually granted when you’ve been married for less than two years at the time of approval. A permanent green card is valid for ten years and typically follows successful removal of conditions.

 

Can I apply to remove conditions if I divorce within two years of marriage?

Yes, but you’ll need to apply for a waiver of the joint filing requirement on Form I-751. You must provide evidence that the marriage was entered into genuinely, despite ending in divorce.

 

What evidence can I use to show our marriage was genuine?

Common evidence includes joint bank statements, leases, mortgage documents, photographs, messages, utility bills, shared tax returns, and affidavits from friends and family familiar with your relationship.

 

Does my ex-spouse have the power to cancel my green card after divorce?

No, your ex-spouse cannot directly cancel your green card. Only USCIS has the authority to revoke permanent residency through formal legal proceedings, typically only in cases involving fraud or other serious issues.

 

Am I still financially responsible for my spouse after divorce under immigration law?

If you signed Form I-864, the Affidavit of Support, your financial obligation continues even after divorce until specific conditions are met, such as your ex-spouse becoming a US citizen or completing 40 quarters of work in the US.

 

How does divorce impact my application for US citizenship?

If you’re divorced, you must typically wait five years after obtaining permanent residency before applying for naturalisation, rather than the shorter three-year period available to those still married to a US citizen.

 

What should I do if I suspect my spouse used me to get a green card?

If you have strong evidence of marriage fraud, you can report your concerns to USCIS or Immigration and Customs Enforcement (ICE). It’s advisable to consult an immigration solicitor before taking action.

 

What happens to my children’s immigration status if we divorce?

Children with derivative status depend on the primary visa holder. Generally, if the primary holder maintains their status successfully after divorce, children retain their derivative status, but specific cases should be reviewed with an immigration solicitor.

 

 

Section J: Glossary

 

Term	Definition
Conditional Green Card	A two-year residence permit granted to spouses of US citizens if their marriage is less than two years old at the time the green card is approved.
Permanent Green Card	A ten-year renewable residence permit that provides indefinite leave to remain in the US, typically issued after removal of conditional status.
Form I-751	The petition used to remove conditions on residency, allowing a conditional green card holder to become a permanent resident.
I-864 Affidavit of Support	A legal contract signed by a sponsor promising to financially support an immigrant to prevent reliance on public benefits.
Derivative Status	Immigration status provided to the dependants (such as children) of a primary visa or green card holder, allowing them to reside in the US.
Good Faith Marriage	A genuine marital relationship entered into sincerely by both parties and not solely for immigration advantages.
Marriage Fraud	Entering a marriage primarily for the purpose of obtaining immigration benefits rather than for establishing a genuine marital relationship.
Naturalisation	The legal process by which a permanent resident becomes a citizen of the United States.
USCIS	United States Citizenship and Immigration Services; the government agency responsible for processing immigration applications and petitions.
Waiver	An exemption allowing applicants to proceed with an immigration process despite not meeting the standard requirements, such as the joint filing requirement after divorce.