How Does Divorce Affect My Immigration Status in the US?

Divorce can have a significant impact on your immigration status in the United States, especially if your residency or visa is based on marriage to a U.S. citizen or lawful permanent resident (green card holder). The exact effect depends on your specific immigration status and how far along you are in the immigration process.

If you received your green card through marriage, and you are still within the two-year conditional period, divorcing before removing the conditions (Form I-751) can complicate your case. Normally, both spouses must file a joint petition to remove conditions. However, if you are divorced, you can still file Form I-751 with a waiver, proving that your marriage was entered into in good faith, not for immigration benefits. Evidence like shared finances, photos, and communication records can help support your case.

If you already hold a 10-year green card, divorce generally does not affect your permanent resident status. However, it may still affect your naturalization process if you were planning to apply for U.S. citizenship under the three-year rule for spouses of citizens. After a divorce, you must instead wait five years to apply for naturalization.

For those on non-immigrant visas (like dependent spouses of H-1B or L-1 holders), divorce usually means the loss of dependent status, requiring you to either leave the U.S. or change to another visa category.

In all cases, the key factor is whether your marriage was genuine and whether your current visa or status depends on your spouse. If you are going through a divorce, it’s important to consult an immigration attorney to understand your options and ensure you maintain lawful status in the U.S.