Does USCIS Check Divorce?

Yes, USCIS does check divorces in certain immigration cases, especially when your status or petition is based on marriage. Here’s how it works:

1. Conditional Green Card / I-751

• If you have a conditional green card (2-year) and your marriage ends in divorce before removing conditions, USCIS will require proof that the marriage was entered in good faith.
• You must file Form I-751 with a waiver and include your divorce decree and evidence of a bona fide marriage (joint bills, photos, affidavits, tax returns).

2. Impact on Pending Applications

• If your green card application is still pending, USCIS may deny it if your marriage ends, because the petition was based on a marital relationship that no longer exists.
• Exceptions exist under:
  • VAWA (abuse-based petitions)
  • Humanitarian exceptions

3. Citizenship Applications

• USCIS reviews your marital history if you apply for naturalization based on being married to a U.S. citizen for 3 years.
• If divorced, you may need to wait 5 years instead of 3 to apply for citizenship.

4. Verification Methods

USCIS may check:

• Divorce decrees and court records
• Tax filings and joint documents
• Interviews and affidavits

In short: Yes, USCIS does check divorces, especially to verify the legitimacy of marriages for conditional green cards, waivers, and naturalization. Filing accurate documents and evidence is essential to maintain your status.