Divorce and Immigration Status: What Happens to Your Green Card or Visa

Immigration » Immigration resources » Divorce and immigration

Divorce can change an immigration case in ways many people do not expect. The right steps depend on whether the green card has been issued, whether it is conditional and who is the sponsor.

If the marriage case is still pending

A marriage-based petition generally depends on a valid marriage at the time of approval. A divorce before approval usually ends the case. In some situations the spouse of a U.S. citizen who has died or special protections may apply. Talk to us before a separation if a case is pending.

Conditional green cards

• A green card issued within two years of marriage is conditional for two years.
• The couple files a joint petition to remove conditions before the card expires.
• If the couple has divorced, the immigrant spouse can ask for a waiver of the joint filing requirement on the basis that the marriage was in good faith.
• Evidence of a real marriage is key: joint finances, lease, children, photos and statements from friends.

Marriage ended after permanent residence

If the green card is no longer conditional, a divorce does not by itself end permanent residence. It may affect a naturalization application based on marriage to a citizen, which requires living in marital union for the full period.

K-1 status

A K-1 fiance who does not marry the petitioner within 90 days must leave. A K-1 holder who marries someone else cannot adjust through the petitioner.

Sponsor obligations

The affidavit of support signed by a sponsor generally continues after divorce until the immigrant becomes a citizen, has 40 quarters of work or the immigrant leaves permanently or dies. Divorce does not end it.

Protection in abusive situations

Immigrants who suffer abuse have special protection under the law. Reach out to us in confidence to talk through options.

We also handle the divorce case itself in Texas. See Texas divorce and plan the immigration and family law steps together.

Related guides

• Family-based green cards
• K-1 fiance visas
• Citizenship
• Texas divorce

How our firm helps with your immigration matter

• We review your full immigration history so you know your options before you file.
• We prepare complete, organized filings that give officers what they need.
• We communicate clearly and keep you informed through the client portal.
• We stay with your case through interviews, requests for evidence and appeals.

Situations we handle

• First-time applicants
• Cases with prior filings or denials
• Families with mixed status
• Clients in other time zones or countries

Why clients choose our firm

• A Texas-licensed attorney serving immigration clients in all 50 states.
• Russian-language service for clients and families.
• Clear communication and updates through our client portal.
• A full review of your history before anything is filed, so problems are caught early.
• Organized filings and representation through interviews, requests for evidence and appeals.

Get help with divorce and immigration

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.