Divorce can bring a wave of uncertainty to anyone’s life, but that uncertainty becomes even more serious when your immigration status is tied to your spouse. Many individuals who entered the U.S. on a marriage visa ask the same difficult question: if the relationship ends, do I also have to leave the country?
At Francis Law Center, we understand how stressful this situation can be. We work with clients throughout the United States to help them understand their options after divorce and determine whether they can remain in the country legally.
Understanding Marriage-Based Immigration
Marriage to a U.S. citizen or lawful permanent resident often allows a foreign national to apply for lawful permanent residency (a green card). In many cases, the immigrant spouse is first granted conditional permanent residency, which is valid for two years. This conditional status ensures that the marriage is bona fide and not entered into for immigration purposes.
To remove the conditions on the green card, both spouses typically file Form I-751 together before the two-year card expires. But what happens if the marriage ends before the conditions are removed—or before the green card is even granted?
Options If You Divorce Before Receiving a Green Card
If your divorce occurs before your green card application is approved, your path forward depends on your ability to demonstrate that the marriage was entered into in good faith. USCIS evaluates whether the marriage was real, even if it later ended.
You may be able to continue the process by filing for a waiver of the joint filing requirement. This is especially important if your U.S. citizen or permanent resident spouse has withdrawn their support, or you can no longer file jointly. These waivers are available in situations where:
- The marriage was entered into in good faith, but ended in divorce or annulment
- The applicant was subjected to battery or extreme cruelty by the spouse
- Removal from the U.S. would result in extreme hardship
Each of these paths requires strong supporting documentation to prove your case.
What If You’re a Conditional Permanent Resident?
You are not automatically deported if you were granted a two-year conditional green card and your marriage ends before filing to remove conditions. You can still file Form I-751 independently with a waiver of the joint filing requirement. Again, you must show that the marriage was genuine, even if it didn’t last.
This can include evidence such as joint tax returns, shared leases or mortgages, photos, and affidavits from family and friends. In cases involving abuse, additional protections are available under the Violence Against Women Act (VAWA), and you do not need your spouse’s cooperation to move forward.
Divorce Doesn’t Always Mean the End of Your Immigration Journey
A divorce during the immigration process does not always lead to removal from the United States. In many cases, the law provides a path to stay—especially for those who entered the marriage in good faith and followed the legal process in good standing.
It is important to understand your rights, gather the proper documentation, and seek legal advice as early as possible. Waiting too long can result in missed deadlines or unnecessary complications that could affect your future in the U.S.
How Francis Law Center Can Help
At Francis Law Center, we assist clients dealing with the intersection of divorce and immigration. Whether you’re filing a waiver to remove conditions, applying under VAWA, or simply unsure of your next step, we’re here to help you confidently move forward.
Our firm was founded by Dr. Jae Francis Lee, a first-generation immigrant who understands the personal challenges tied to every visa decision. We serve clients in all 50 states and provide services in four languages. With offices in Chicago, Schaumburg, IL, and Madison, WI, our team is committed to helping individuals and families protect their future in the U.S.
If you’re going through a divorce while holding a marriage-based visa or green card, contact our seasoned marriage immigration lawyers today to learn more about your options and how we can help you stay legally and securely in the United States.
