What Impact Will Divorcing My Immigrant Spouse Have?

 Posted on May 22, 2025 in Spouse Visas

More than 400,000 U.S. citizens marry foreign nationals each year, petitioning for them to obtain permanent residency status. Foreign-born spouses of U.S. citizens are immediate family members and, therefore, exempt from statute limitations under current federal immigration laws.

Marrying a U.S. citizen could be the quickest way for a foreign-born individual to obtain a green card, although there are many safeguards in place to stop anyone who might marry a U.S. citizen only to get a green card. One of those safeguards is a rigorous interview for citizens and noncitizens in these situations.  

But what happens when a marriage between a U.S. citizen and a foreign-born individual ends in divorce? Will divorce affect the immigration status of a noncitizen? If you are facing a similar situation, it is important that you speak to a knowledgeable Plano, TX immigration attorney who can help you determine what your options are.  

How Does Divorce Affect the Issuance of a Conditional Green Card?

If permanent residency status (green card) is achieved through marriage to a U.S. citizen, the noncitizen is granted a conditional green card for a marriage of less than two years. Conditional status allows the U.S. government to terminate permanent residency status if it turns out that the marriage was not real and was entered into only to obtain permanent residency status.

Following the couple’s two-year anniversary, the noncitizen spouse and the U.S. citizen spouse must file jointly to have the conditional status removed. This must be done within 90 days of the two-year anniversary.

The immigration status of a permanent green card holder is unlikely to be altered by divorce. The exception to this would be when the non-citizen spouse plans to apply for U.S. citizenship based on the marriage. This is because a non-citizen married to a citizen only has a three-year residency requirement rather than the standard five-year requirement.

How Can the Conditional Status of Permanent Residency Be Removed During Divorce?

If a noncitizen divorces before the two-year period is up, he or she must show that the marriage was real to avoid losing permanent residency status. If the couple had a child or purchased property together, these are good ways to prove the marriage was real. A noncitizen can also assert that he or she was battered by the citizen spouse or subjected to extreme hardship because of the citizen spouse.  

What Are the Financial Implications of a Divorce?

When a noncitizen spouse and a U.S. citizen spouse divorce, the marital assets are split according to state law. Texas is a community property state, which means all marital assets are divided equally. In some cases, the citizen spouse may have signed a Form I-864 when sponsoring the noncitizen spouse. This is an Affidavit of Support, which makes the citizen spouse financially responsible for his or her immigrant spouse, potentially even after the divorce if the immigrant spouse has not completed 40 quarters of qualifying work in the U.S. Forty quarters translates into 10 years.

How to Maintain Immigration Status Following Divorce

If the noncitizen spouse has passed the two-year conditional residency status at the time of the divorce, then he or she can file an I-751 petition without the citizen spouse to remove the conditional status. If the noncitizen spouse has been granted unconditional residency status, the only effect divorce might have is to delay the eligibility date to apply for U.S. citizenship.

Contact a Dallas, TX Immigration Attorney

If you are considering divorce and have questions regarding your immigration status, or you have other questions regarding immigration, it can be beneficial to speak to a skilled Plano, TX immigration lawyer from Law Office of Jae Lee. Attorney Lee works with his clients one-on-one to help them solve immigration issues. If necessary, he can work with a client remotely as well. To schedule your free consultation, call 214-295-3014.