A divorce does not automatically take away a green card you already have. But if your green card case is still in progress, or you have a two-year conditional green card, a divorce can change what you have to file and what you have to prove. The main situations are: divorce while you hold a conditional green card (you can ask USCIS to waive the joint filing requirement on Form I-751), divorce while an I-485 based on the marriage is pending (the case generally cannot be approved), divorce after entering on a K-1 fiancé visa, and divorce before you apply for citizenship (the three-year rule no longer applies). A divorce immigration lawyer can tell you which situation you are in and what to do before and after the divorce is final.
I Have a 10-Year Green Card. Will a Divorce Affect It?
Generally no. If you already have a 10-year green card (for example, code IR6 or IR1), a divorce does not end your permanent residence. You keep your status, can renew your card, and can apply for citizenship under the five-year rule.
The exception is fraud. If USCIS later finds that the marriage was entered into only to get a green card, it can seek to take away status and place you in removal proceedings. A divorce soon after a green card is approved can draw questions, especially when you apply for citizenship, so keep records that show your marriage was genuine.
Divorce During Conditional Residence (Two-Year Green Card)
If your marriage was less than two years old when your green card was approved, you received a two-year conditional green card (codes such as CR1 or CR6). Normally you and your spouse file Form I-751 together during the 90 days before the card expires. If you are divorced, you can file on your own and ask USCIS to waive the joint filing requirement.
The I-751 divorce waiver
To get the divorce waiver, you must show that:
- The marriage has legally ended by a final divorce or annulment. Being separated, or having a divorce case pending, is not enough for this waiver.
- You entered the marriage in good faith, meaning you intended to build a life together, not to get a green card.
Evidence of a good-faith marriage includes a joint lease or deed, joint bank accounts and bills, tax returns filed as married, insurance listing your spouse, children’s birth certificates, photos over time, and statements from people who knew you as a couple. Evidence from the whole marriage helps, not only the first months.
You can file a waiver request without waiting for the 90-day window that applies to joint petitions. Other waiver grounds include the death of your spouse, battery or extreme cruelty by your spouse, and extreme hardship if you were removed.
What if we divorce after filing a joint I-751?
Tell USCIS. If your divorce becomes final while a joint petition is pending, USCIS will generally send a Request for Evidence asking for the final divorce decree and a written request to treat the joint petition as a divorce waiver. You do not usually need to file a new I-751. If the divorce is still pending, USCIS may ask for the final decree before it decides.
While the I-751 is pending, the receipt notice together with your expired green card extends your status for 48 months past the card’s expiration date (see USCIS, Removing Conditions on Permanent Residence Based on Marriage). Read our Spanish guide to removing conditions with Form I-751 and our English page on removal of conditions.
Divorce While Your I-485 or Spousal Petition Is Pending
If your green card application is based on your marriage and you divorce before it is approved, the case generally cannot be approved. Under federal regulations, an approved spousal I-130 is automatically revoked when the marriage legally ends before the green card is granted. A pending one cannot be approved because the qualifying relationship no longer exists.
What you can do depends on your situation:
- Another basis for a green card. You may qualify through a job, another family member, or another category. Your status and history matter, and the May 2026 USCIS memo has made adjustment of status cases more closely reviewed. Read our analysis of the May 2026 adjustment memo.
- Abuse. If your U.S. citizen or permanent resident spouse abused you, you may be able to file a VAWA self-petition, which is not revoked just because the marriage ends. See VAWA self-petition explained.
- Your status. If you were in the U.S. on another status when you filed, check whether it is still valid. If not, you may need advice quickly about your options and any risk of removal proceedings.
The same issue arises if you are a derivative spouse in an employment-based or family preference case: a divorce before your green card is approved generally ends your eligibility as the spouse.
Divorce After a K-1 Fiancé Visa
A K-1 fiancé must marry the U.S. citizen who filed the petition within 90 days of arrival, and can get a green card only through that marriage. If you married within 90 days in good faith and then divorced before your green card was approved, the Board of Immigration Appeals has held that you may still be able to adjust status based on that marriage (Matter of Sesay, 2011). You will need strong evidence that the marriage was real. You cannot get a green card through a new marriage to someone else while you are in the U.S. on the K-1.
If the green card was approved while the marriage was less than two years old, you will have a conditional card and will need the I-751 divorce waiver described above. Read more about K-1 fiancé visas.
Does the I-864 Affidavit of Support End After Divorce?
No. The U.S. citizen or permanent resident who signed Form I-864 (the Affidavit of Support) promised the U.S. government to keep the immigrant at income of at least 125% of the federal poverty guidelines. Under the regulations, that obligation ends only when the immigrant:
- becomes a U.S. citizen,
- has worked, or can be credited with, 40 quarters of work (about 10 years),
- loses permanent residence and leaves the U.S. permanently,
- receives a new green card through a different adjustment in removal proceedings, or
- dies (the obligation also ends if the sponsor dies, though amounts already owed remain).
Divorce is not on that list. A divorce settlement between the spouses does not cancel the sponsor’s obligation to the government. If you are the sponsor or the sponsored spouse, raise the I-864 with the lawyers handling your divorce.
Divorce and U.S. Citizenship: The Three-Year Rule
Spouses of U.S. citizens can apply for naturalization after three years as a permanent resident instead of five, but only if they have been married to and living with the same U.S. citizen spouse for those three years and remain married until they take the oath. If you divorce before the oath, the three-year rule no longer applies. You can still naturalize under the general five-year rule once you are eligible.
If you are a conditional resident, you can apply for citizenship at the five-year mark even if your I-751 is still pending; USCIS will generally decide the I-751 first. See how long naturalization takes.
If You Are the U.S. Citizen or Green Card Holder Sponsor
If you sponsored your spouse and you are divorcing:
- You generally cannot “cancel” a green card that has already been approved. If you believe the marriage was fraudulent, speak with a lawyer before contacting USCIS.
- You can withdraw a pending I-130 before it is approved.
- Your I-864 obligation continues after divorce (see above).
- If you are a permanent resident who got your own green card through a prior marriage, and you marry again within five years of becoming a permanent resident, a petition for your new spouse generally requires clear and convincing evidence that the earlier marriage was genuine (unless it ended through death).
How a Divorce Immigration Lawyer Can Help
Divorce and immigration overlap in ways a family court may not focus on. An immigration lawyer can:
- Review your status and pending cases before you file for divorce, so you know the timing risks.
- Prepare an I-751 divorce waiver, or convert a pending joint petition, with evidence of a good-faith marriage.
- Look for another path to a green card if your marriage-based case cannot go forward.
- Advise on VAWA protections if there was abuse.
- Help you plan your naturalization timing.
- Explain I-864 obligations to you and your divorce lawyer.
BCA Law Firm is an immigration law firm in Norcross, Georgia, and the firm also handles family law matters.
Divorce and Immigration FAQ
Can I lose my green card if I get divorced?
Not if you already have a 10-year green card and the marriage was genuine. If you have a two-year conditional card, you must file Form I-751 with a waiver. If your green card case is still pending, a divorce can end it.
Can I remove conditions on my green card without my spouse?
Yes. File Form I-751 on your own and ask for a waiver, for example because the marriage ended in divorce, your spouse abused you, or removal would cause extreme hardship.
Do I need to wait for the divorce to be final?
For the divorce waiver, yes. USCIS needs the final divorce decree before it can approve the waiver. Separation alone is not enough.
What happens to my I-485 if we divorce?
If the I-485 is based on the marriage, it generally cannot be approved after a divorce. K-1 entrants and VAWA self-petitioners have special rules.
Does my ex-spouse still have to support me under the I-864?
The obligation continues after divorce until one of the ending events in the regulations, such as your naturalization or 40 quarters of work.
Can I still become a citizen after divorce?
Yes, under the five-year rule, if you otherwise qualify. You cannot use the three-year marriage rule.
Talk to an Immigration Lawyer Before the Divorce Is Final
The timing of a divorce can affect your immigration case, so it helps to get advice early. Consultations are 30 minutes and cost $175, at our office at 700 Holcomb Bridge Road, Norcross, GA 30071, or online. Our hours are Monday to Friday, 9:00 a.m. to 6:00 p.m. Call 678-292-6111 or book a consultation online.
Related reading: Family immigration lawyer · Conditional green cards: 5 facts · Removal of conditions · VAWA lawyer
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
