Many US citizens are blindsided when their foreign national spouse leaves them shortly after becoming a permanent resident. It raises a flood of concerns: Was the marriage real? Am I still financially responsible? Can anything be done if I feel used?

US immigration law doesn’t always work the way people expect, and the answers often depend on timing, paperwork and proof of intent.

This guide breaks down what can happen when a spouse walks away after getting a green card and what you, as the sponsor, need to know next.

Your specific options will be determined by your individual circumstances, and taking advice will help ensure you fully understand your position and next steps.

 

Section A: Can someone stay in the US after divorce?

 

A person’s ability to remain in the United States after a divorce depends largely on the type of green card they hold and the timing of the divorce. There are two main categories of green cards issued to foreign spouses of US citizens or permanent residents: conditional and permanent.

A conditional green card is typically issued when the couple has been married for less than two years at the time the green card is approved. This card is valid for two years and is intended to allow the foreign spouse to live in the United States while demonstrating that the marriage is legitimate and ongoing. Before the two-year card expires, the couple is required to jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period leading up to the expiration date. If approved, the foreign spouse receives a 10-year permanent green card.

When a couple divorces before the I-751 has been filed jointly, the foreign spouse may still be able to stay in the United States by applying for a waiver of the joint filing requirement. To qualify for this waiver, the applicant must show that the marriage was entered into in good faith, meaning the couple intended to build a life together but later separated for valid reasons. USCIS will expect to see strong evidence that the relationship was genuine, such as joint financial documents, lease agreements, photographs, and communication history. It’s not necessary to prove that the marriage was perfect, but it must be shown that it was not entered into solely for immigration purposes.

If the conditional resident successfully applies for the waiver and USCIS accepts that the marriage was bona fide, the conditions can be removed, and the person will be issued a 10-year green card as a permanent resident.

A person who already has a 10-year permanent green card is not typically affected by divorce in terms of their immigration status. Once full permanent residency is granted, it is not dependent on remaining married to the original sponsoring spouse. However, if the divorce occurs shortly after the green card was approved, USCIS may question whether the marriage was genuine if any future immigration benefits are sought, such as applying for US citizenship. The agency may review the history of the marriage during the naturalization process to ensure that permanent residency was not granted on the basis of a fraudulent relationship.

Divorce does not automatically cancel a green card, but it can change a person’s eligibility for certain future benefits and may raise additional scrutiny in some immigration matters. Each case depends on its facts, and anyone concerned about their status after divorce should consider seeking legal advice to understand their position and any steps they may need to take to protect it.

 

Section B: Was I used for a Green Card marriage fraud?

 

Marriage fraud, in the context of US immigration law, refers to a situation where a foreign national enters into a marriage with a US citizen or permanent resident solely for the purpose of obtaining an immigration benefit, such as a green card. Under federal law, a marriage that is not entered into in good faith and is primarily intended to bypass immigration controls is considered fraudulent. USCIS and Immigration and Customs Enforcement (ICE) both take such allegations seriously, and confirmed cases can lead to serious consequences, including removal proceedings for the foreign national and potential legal penalties for both parties involved.

Many US citizens who find themselves suddenly abandoned by a spouse shortly after the approval of a green card naturally question whether the marriage was genuine. Although abrupt departures and broken communication can feel suspicious, marriage fraud is not always easy to prove. Certain behaviors may raise concern, such as a lack of shared financial responsibilities, an unwillingness by the foreign spouse to integrate into the household or extended family, or an immediate and unexplained separation following green card approval. Other warning signs can include secrecy around personal matters, inconsistent stories about the past, or a refusal to attend immigration interviews together.

It is important to keep in mind that no single sign definitively proves fraud. Relationships can break down for many reasons, and a failed marriage does not automatically indicate that fraud occurred. Filing a complaint or making an accusation with USCIS or ICE without supporting evidence could have serious legal consequences and may damage your own credibility if the claims are unfounded.

Anyone who genuinely suspects that they were used for immigration purposes should gather any available documentation that might help support their concerns. This might include evidence that the marriage was never intended to be genuine, such as written messages, patterns of avoidance, or inconsistent behavior before and after the issuance of a green card. Before taking any action, it is often advisable to speak to an immigration attorney to understand how marriage fraud is evaluated and what steps can be taken if a report is warranted. Accusations should never be based on emotion or assumptions alone, as the burden of proof lies with the person making the claim.

 

Section C: Should I report my wife to Immigration?

 

If you believe that your spouse married you only to obtain a green card and never intended to build a real life together, you may be considering reporting the situation to immigration authorities. USCIS investigates credible allegations of marriage fraud, but it is essential to understand the process, the potential outcomes, and the importance of having clear evidence before taking any action.

Reports of suspected marriage fraud can be submitted to USCIS or to Immigration and Customs Enforcement (ICE). The most direct way to notify USCIS is by writing a detailed letter outlining your concerns. The letter should include both your name and your spouse’s name, dates of marriage and any immigration filings, and a clear explanation of why you believe the marriage was not genuine. Any supporting documentation should also be included. This report can be sent to the USCIS field office that processed the green card or to the central USCIS fraud unit. If you wish to contact ICE, you can use their general tip form online or call the Homeland Security Investigations (HSI) tip line.

Form G-28 is not used for reporting fraud. That form is intended to authorize representation by an attorney or accredited representative in immigration proceedings. Some mistakenly reference it in the context of reporting, but it does not apply in this scenario.

After a report is made, USCIS may open a fraud investigation. In most cases, the individual being accused is not immediately notified unless further action is taken. Investigators may review the initial green card application, the couple’s interview transcript, and any previously submitted documentation. If the agency has reason to believe the marriage was not entered into in good faith, they may issue a Request for Evidence (RFE), schedule a follow-up interview, or refer the case for further enforcement action. In serious cases, proceedings to revoke lawful permanent resident status may be initiated.

It is essential to understand that marriage fraud is a serious allegation. Filing a false report or making accusations based purely on emotion or assumption can have legal consequences. USCIS takes fraud seriously, but it also expects complainants to act in good faith and to provide facts rather than speculation. A divorce or sudden separation, by itself, is not proof of fraud. People sometimes leave relationships for personal reasons unrelated to immigration benefits.

If you have concerns about being used in a fraudulent marriage, it may be wise to consult an immigration attorney before filing a report. An attorney can help you assess whether your situation meets the standards for fraud and guide you on how to proceed in a way that protects your own interests and credibility.

 

Section D: Will my wife lose her Green Card if we separate?

 

Whether your wife will lose her green card after leaving you depends on her current immigration status and whether her permanent residency was obtained through a marriage-based petition. The consequences of a separation or divorce vary significantly depending on whether she holds a conditional green card, has already received a 10-year green card, or has become a naturalized US citizen.

If she is still a conditional permanent resident, meaning she received her green card within two years of your marriage, the situation is more uncertain. Conditional residency is granted for two years as a way to confirm that the marriage was genuine before granting full permanent status. Before the two-year card expires, the couple must normally file a joint petition using Form I-751 to remove the conditions on residency. If she has left the marriage before this petition is filed, she cannot file jointly. However, she may apply for a waiver of the joint filing requirement if she can show that the marriage was entered into in good faith but ended in divorce or annulment. USCIS reviews these waiver applications closely, looking for documentation that proves the marriage was real at the time it began. Evidence may include shared financial accounts, joint living arrangements, text messages, photos, and other records of a shared life. If the waiver is approved, she will be allowed to remain in the United States and receive a standard 10-year green card.

If your wife already has a 10-year green card, a divorce generally will not affect her immigration status. Full permanent residents are not required to stay married to their sponsoring spouse once the green card is granted. However, USCIS can investigate and revoke lawful permanent resident status in cases where it has reason to believe that the green card was obtained through fraud. If there was a pattern of deception or if evidence emerges showing the marriage was not genuine at the time of approval, the government may initiate proceedings to revoke permanent resident status. That said, revocation is rare and typically requires strong evidence that the initial petition was based on fraud or misrepresentation.

If she has already become a naturalized US citizen, her immigration status is no longer linked to your marriage at all. Once a person is naturalized, they cannot lose their citizenship simply because the relationship that made them eligible ended. The only exception would be if the government could prove that the naturalization itself was obtained through deliberate fraud, such as if the marriage was completely staged and material facts were misrepresented during the application process. These cases are rare and usually require extensive investigation and clear evidence of intent to deceive.

USCIS applies a good faith marriage standard when reviewing petitions that are affected by divorce. Officers are trained to look at the full context of the relationship, not just whether the couple stayed together. A marriage that ended in divorce can still be considered legitimate if the couple can show that they entered into it with the intention of building a life together. The timing of the divorce, the quality of evidence provided, and the consistency of statements made to USCIS all play a role in the outcome.

The fact that your wife left the marriage does not, in itself, mean she will lose her green card. Immigration law recognizes that marriages can break down for many reasons. The key question for USCIS is whether the relationship was real at the time the immigration benefit was granted.

 

Section E: Do I have any legal responsibility after relationship breakdown?

 

Many US citizens are surprised to learn that their legal responsibilities toward a foreign spouse do not automatically end when the marriage does. One of the most misunderstood aspects of sponsoring a spouse for a green card is the I-864 Affidavit of Support, a binding legal contract that can continue to apply even after separation or divorce.

When you sponsor your spouse for a green card, you are required to file Form I-864 with USCIS. By signing this form, you agree to financially support your spouse if they are unable to support themselves. The government’s goal is to ensure that immigrants do not become reliant on public benefits. The I-864 is a legally enforceable agreement between you and the US government.

The obligations under the affidavit do not end just because the marriage ends. Your financial responsibility continues until one of five specific events occurs: the sponsored immigrant becomes a US. citizen, earns 40 quarters of work credit (equivalent to roughly 10 years of work), leaves the United States permanently, dies, or the sponsor dies. Divorce is not one of the events that terminates the contract.

This means you could still be liable if your former spouse receives certain types of government assistance. If your ex applies for means-tested public benefits, such as Medicaid, Supplemental Security Income (SSI), or food stamps, the agency providing the assistance may legally seek reimbursement from you. You may be required to repay those funds, and you could even be sued by a government agency for reimbursement.

In addition to potential liability to the government, the sponsored spouse may also have the right to sue the sponsor directly to enforce the support obligation. Courts have ruled in some cases that a sponsored immigrant can bring a civil lawsuit against their former spouse to compel financial support. While the specifics vary depending on the circumstances and the court, this has been upheld in federal and state courts as a valid form of contract enforcement.

For example, if your ex-spouse is unemployed and has no income, they could claim that your obligation under the affidavit entitles them to support up to 125% of the federal poverty guidelines. Even if the divorce settlement does not include spousal support, the I-864 may still be enforced independently.

Many sponsors are unaware of the long-term nature of this responsibility until they are contacted by a benefits agency or served with legal papers. It is a contractual obligation, and courts have shown they are willing to enforce it. If your spouse leaves you after receiving a green card, and especially if you are concerned about financial liability, it is wise to speak with an immigration attorney to understand your risks and any steps you might take to limit your exposure.

 

Section F: Can I reverse or cancel the Green Card I sponsored?

 

Many US citizens who sponsor a foreign spouse for a green card believe they can later cancel or revoke that status if the relationship breaks down. In reality, once a green card has been lawfully issued by USCIS, the sponsor cannot unilaterally reverse or cancel it. The immigration benefit belongs to the green card holder, not the sponsor, and the authority to revoke or terminate lawful permanent resident status lies solely with the federal government.

Sponsoring a spouse through the green card process means submitting petitions and affidavits to USCIS that support their application for permanent residency. As part of that process, the sponsor must confirm the legitimacy of the relationship and provide financial guarantees through the I-864 Affidavit of Support. However, once USCIS has approved the petition and the spouse is granted permanent resident status, either through an immigrant visa abroad or adjustment of status in the US; the green card is no longer under the direct control of the sponsor.

The only way a green card can be revoked is if USCIS or Immigration and Customs Enforcement (ICE) initiates formal proceedings to terminate the person’s status. This usually happens only in specific situations, such as if the government discovers fraud, misrepresentation, or a violation of immigration law. For example, if there is credible evidence that the marriage was not genuine at the time the green card was granted, USCIS may begin removal proceedings and argue that the status was obtained improperly. The burden of proof, however, is high, and the agency must follow due process.

A US citizen who suspects marriage fraud does have the option to report concerns to USCIS or ICE, but doing so does not automatically cancel the green card. The government must independently investigate the claim and determine whether there is sufficient evidence to take further action. Simply feeling that one was used for immigration purposes is not enough; immigration officers must follow legal standards and procedures before a person’s permanent resident status can be revoked.

Even if the couple divorces, the green card remains valid unless the government intervenes. Divorce may affect future immigration benefits, such as the timing of eligibility for naturalization, but it does not automatically undo lawful permanent residence. The only exceptions occur when the green card was issued on a conditional basis and the conditions are not properly removed, or if the green card holder commits certain offenses that could make them deportable.

Anyone concerned about potential fraud or misuse of the immigration system should seek advice from an experienced immigration attorney before contacting government authorities. Taking the right steps ensures that any action is based on fact and handled through the proper legal channels.

 

Section G: What should I do now?

 

If your spouse has left you shortly after receiving their green card and you’re questioning whether the marriage was genuine, you may be feeling overwhelmed and unsure of what to do next. Taking a calm and structured approach can help you protect yourself both legally and personally.

Start by gathering any documentation that reflects the nature of your relationship. Evidence such as shared lease agreements, joint bank statements, utility bills, photographs, text messages, emails and travel records can help establish whether the marriage was genuine or, conversely, if there are signs that it may have been fraudulent. If you eventually decide to speak with immigration authorities or consult an attorney, this material will be important. The more organized your records are, the easier it will be for a legal professional to assess your situation.

If you suspect that your spouse married you only to obtain immigration status, it’s a good idea to speak with an immigration attorney to help you understand what constitutes marriage fraud in the eyes of USCIS and how allegations are handled. They can also explain the consequences of making a report and what level of proof would be needed for the government to act.

In addition to immigration issues, divorce may involve financial and legal consequences that are completely separate. For example, you may still be bound by the I-864 Affidavit of Support, which can create a financial obligation to support your spouse even after the marriage ends. A family law attorney can help you understand how divorce, property division, and support obligations work in your state and whether any of those responsibilities might continue after the separation. You may also need advice about how to proceed with filing for divorce if your spouse has left or is uncooperative.

Taking care of your emotional wellbeing is just as important as dealing with the legal side. Being left suddenly by a spouse, especially when you feel misled or taken advantage of, can be emotionally draining. Talking to a counselor, trusted friend, or support group can help you work through the emotional impact while you also take care of the practical issues.

 

Section H: Need assistance?

 

For advice on a US immigration matter, contact our US attorneys.

 

Section I: FAQs

 

Can my wife lose her green card if she divorces me?

It depends on her immigration status at the time of the divorce. If she only has a conditional green card, she will need to file a waiver and prove the marriage was genuine. If she already has a 10-year green card, divorce generally does not affect her status.

 

Can I cancel the green card I sponsored for my wife?

No. Once a green card has been issued, the sponsor cannot unilaterally cancel it. Only USCIS can revoke a green card, usually through formal proceedings based on fraud or ineligibility.

 

What if I believe my wife used me for a green card?

If you suspect marriage fraud, you can report it to USCIS or ICE. However, you should gather clear evidence first and consider speaking to an immigration attorney before taking action.

 

Will USCIS automatically review her status after our divorce?

Not unless there is a reason to investigate. USCIS may review the case during the removal of conditions process or if a complaint is filed alleging fraud.

 

Do I still have financial responsibility for her after divorce?

If you signed an I-864 Affidavit of Support, your obligation can continue even after divorce until specific conditions are met, such as naturalization or earning 40 work quarters.

 

Can she apply for US citizenship after leaving me?

Yes, but she must meet the five-year permanent residency requirement if no longer married to a US citizen. She also must satisfy all other eligibility criteria.

 

Will our divorce affect any family members I helped her sponsor?

Possibly. If your sponsorship of family members was based on her immigration status or your marriage, they may lose eligibility depending on their case and timing.

 

What is a good faith marriage in immigration terms?

A good faith marriage is one that was entered into with the genuine intention of building a life together, not for the sole purpose of gaining immigration benefits.

 

What kind of evidence shows the marriage was genuine?

Documents such as joint leases, shared bank accounts, family photos, communication records, and travel history can help demonstrate that the marriage was real.

 

Can I be sued to support my ex-spouse after divorce?

If your ex-spouse has not become a US citizen or earned enough work credits, they may be able to enforce the I-864 affidavit through a civil lawsuit for financial support.

 

Section J: Glossary

 

 

Term	Definition
Green Card	A document that grants lawful permanent resident status in the US, allowing a foreign national to live and work in the country indefinitely.
Conditional Green Card	A two-year green card issued to spouses of US citizens if the marriage is less than two years old at the time of approval.
Form I-751	A petition to remove conditions on residence, required to convert a two-year green card into a 10-year permanent resident card.
I-864 Affidavit of Support	A legal contract signed by a sponsor promising to financially support the immigrant to prevent them from becoming a public charge.
Good Faith Marriage	A marriage entered into with the genuine intention of building a shared life together, not solely for immigration benefits.
Marriage Fraud	An act where a marriage is entered into for the primary purpose of obtaining immigration benefits rather than a genuine relationship.
Waiver	An exception granted by USCIS allowing certain immigration applications to proceed without normally required conditions, such as joint filing after divorce.
Naturalization	The legal process by which a lawful permanent resident becomes a US citizen.
Derivative Status	An immigration status granted to a family member based on their relationship to a principal visa or green card holder.
USCIS	United States Citizenship and Immigration Services, the agency responsible for processing immigration and naturalization applications.