Divorce is complicated enough — but it becomes even more complicated when the end of your marriage could affect your immigration status.
If you’re getting a green card through your spouse but you divorce before becoming a permanent resident, will immigration officials void your application?
Divorce, Foreign-Born Spouses & Green Cards
The Center for Immigration Studies estimates that close to 400,000 US citizens marry foreign nationals each year. These US citizens must take steps to secure green cards for their foreign-born spouses.
Immigration law classifies spouses of US citizens as “immediate relatives.” Immediate relatives of US citizens have a much faster route to getting a green card than most other US immigrants.
While you may not want to dwell on what seems like an unpleasant or unlikely situation, it is important to be aware of the ways the divorce process can affect your immigration status.
Without a US citizen sponsor, an application for permanent residency may be denied.
Translating Foreign Personal Documents
First things first: when applying for US citizenship it is vital that you translate all necessary personal documents into English — this includes both your marriage certificate and, if the marriage dissolves prior to securing citizenship, your divorce certificate.
Other important documents US Citizenship and Immigration Services (USCIS) require include your birth certificate, visas and passport, and other immigration paperwork. When requesting a marriage certificate translation, a birth certificate translation, or any other personal document translation for immigration purposes, make sure the company you work with is able to certify your documents.
Certification of personal documents is important during immigration applications because simple translations are not considered legal documents and will not therefore not be accepted by USCIS.
At Legal Language, we have more than 35 years of experience translating and certifying personal documents for immigration. Our professional translators are familiar with USCIS translation requirements, and can translate, certify, and notarize your documents to their specifications.
Divorced & Staying in the US
If your marriage does indeed end in divorce prior to your securing a green card or full US citizenship, you may be concerned that this will result in a denied petition or even deportation. However, most foreign-born spouses going through the divorce process will be granted conditional permanent residence if they do not choose to withdraw their immigration application.
How is this possible? By filing a waiver.
If You Were in the Process of Getting a Green Card
If you were in the process of getting a green card before the marriage ended, you will not be able to secure one based on marriage. However, if the marriage was a good faith union, you can apply for a waiver of termination.
One or more of the following criteria must be met for the waiver to be valid and accepted by USCIS:
- Proof that the marital union was valid, such as photographs, evidence of shared property or leases, joint bills, and other evidence of a life together.
- Proof that the immigrant spouse will suffer extreme hardship if sent back to his or her country of origin, such as a statement about the life built in the US thus far.
- Proof of having suffered extreme cruelty or abuse from a US citizen spouse, which can include sworn statements and affidavits from neighbors and family members.
Examples of the above proof along with the waiver will establish that the marriage was valid and that you should not be denied permanent resident status.
If You Were in the Process of Securing Permanent US Citizenship
If you have already obtained a conditional green card before the marriage ends, you have conditional permanent residence. You will need to file Form I-751, Petition to Remove the Conditions of Residence, before your first green card expires.
Form I-751 has a built-in waiver for those who have divorced their US citizen spouses, but USCIS will still require proof that your union was a good faith relationship and not just for immigration purposes.
If You Already Obtained Permanent Residence Status
If you have already obtained unconditional permanent residence before your divorce, the only immigration issue that may occur is a delay in obtaining full citizenship status.
If your marriage to a US citizen ends within a period of three years, you may have to wait until you reach five total years of permanent residence before being able to file an application to get rid of your immigration status once and for all and become a US citizen.
Therefore, as long as your marriage was not fraudulent, divorce should not affect the immigration process.
Note: This page is for general informational purposes only. LLS cannot give personal advice to any individual regarding immigration status. Please contact USCIS with any questions.
Hello am Emmanuel, I just got married to my wife who is a us citizen and works for the state as nurse. But before our marriage she had married and divorce 4 years ago. Our marriage was this year on the 28 and 29 of April, 2017 in Ghana. What I want to know is that can he file for me and when can he do that? Thank you so much.
what are your options if you marry someone and find out 5 years later that they married for citizenship and you divorce???
When you find out, let me know because I’m going through that myself. I sponsored my husband from 2010 til he got his citizen in 2016. Eleven months later, he’s divorcing me. During our marriage he was certain to buy “separate property” (with marital funds) to have himself all set up. I feel like such a fool.
Same here, he’s just gotten his legal status and isn’t the man I married. He’s looking for any excuse to walk., I’m just waiting. It’s bad because I’m desapabled now and can’t work. I have no idea what in the hell im going to do. 38yrs old and not good for anything or anyone.
Also remember immgration can denied him his papers
So my dea as bob marley said stand up stand up for your rights
Don’t give up without a fight.
Peace, May God bless
Ms.Mary
Terrible. Why not document everything and take to the immigration? his citizenship can be canceled
Same here. I married an illegal Mexican immigrant only to have her not advance her life. Now she had an affair, and filed for divorce alleging domestic violence. after 10 years of marriage and three kids.
End result?
She lives with our three kids happily while discouraging the kids to seek me out all to the tune of $2800.00 that I must give her every month by court order. And I am practically HOMELESS. forced to live with a woman who is also abusive and exploitative towards me and whom I care for very little. The new woman is just using me to help her with her two teenage boys who do “shit” , “nothing” around the house just play video games all day. I have to pay this woman_who also doesn’t want to get a real job a $1000; what does that leave me with – in the Silicon Valley ok? HOMELESS and penniless by mid-month.
So sorry to hear that. The USCIS officer could not have any hint that this marriage was just to get her green card, since you have children together. Even in the marriages of regular US citizens this occurs. Getting married is like getting a lottery ticket. You can get a winner ticket and live happily ever after, or not. She cannot deny you the visitation of your children. Try to get therapy for yourself as well as for the children with you, as a family, so as you can confirm them you love them They will grow up, and will understand better this sad situation of their parents separated as they mature. Good Luck!
It is not enough proof because you did spend an anount of time together. Marriage to a foreign that ends in divorce will always lead us to believe that we were used. But in reality that happens with anybody, and so just because they become secure in life and suddenly decide to divorce us, doesn’t mean they used all. My advice is to move on dont dwell on it.
Something similar here with me. I married her in 2012 and became citizen in 2016 but divorced her just before applying citizenship. The divorce was becasue of some natural reasons and we had a miscarriage as well besides 2 step kids. Now she is telling everybody that i married her just to get green card. in divorce i gave her the whole marital property as well but since she know i found other girl and happy in my life, she is sending me threats that she will go to immigration and complain if i dont obey her and spend time with her too.
I too was mislead by my former husband into a fraudulent marriage that he made appear real for a while. Hindsight revealed the painful truth, that he was meticulously calculating every move. He took from me the better part of my twenties. As well as advancing his education and career. All the while lining his pockets, claiming we were broke every step of the way. I sacrificed and budgeted a paupers penance on our 6 figure income for promise of a better future together. Little did I know that the future he spoke of never actually included me. I had a stellar credit rating prior to our marriage and lived quite well for the average woman. My divorce left me homeless and in a mountain of debt. He even took my car! He had his own car but still took mine in our divorce. He officially and acutely ended his acting career which was our marriage three days before his ten year green card arrived;n the mail. He then went on to marry his cousin who he was originally engaged to when we were dating and brought her here to the United States! My x husband is a narcissist and the realization of his facade nearly drove me insane. Thankfully years later Iam now recovering from the dream he once sold me that ended up a nightmare.
Autumn, this is so sad! I hate that the deception is so real with these countries/ I see how the government is shutting those doors, and I myself was part of a facade. I believed to have married for a lifetime; but ended up paying to have a husband who always had excuses to working and blamed everything on full time gospel preacher. Well I told him a preacher is a calling but not necessarily a career. I hate being in this predicament, and hate that you have give your all and got nothing in return. This is how putting your life on the line for another individual can leave us, stranded. We sincerely hope to always build our trust in the one we love and marry all the while risking everything we have built up. Sorry you had to experience this, every dog has its day!
So sorry to here that this happened to you ,I am glad you moved on and doing better .thanks for sharing
I got my divorce and June the 2nd 2017 animal New York citizen and I want to get married to my girlfriend and I would like to know how long does it take to immigration to process her paper thank you
Wow! I’m going through this now. He got his 10 year green card and left 4 months later. now asking me to help him file the naturalization papers.
I am married a citizenin 2016.about one year.he apply petition for me.we are not live together because his Family does not like me.he is only one son that’s why he doesn’t leave his family and stay with me.that why we decided until his family will accept me.we live different places.he is citizens from new York .so he live in new York and I live in california.we rent a room in california together sometime he comes to meet me and sometimes I am going to new York. he apply petition for me this January 2017 in california.so can i get green card.without stay together long time.I have evidence of bank account,life insurance,lease document.marriage certificate,together photos,lots of people know us.now immigration send a letter for evidence.we send this paper.my marriage is not fraud.it’s a real marriage.but only problem his family.in love him,and he loves me.plz let me know about my getting green card.
The fact that you do not live together is going to be a big red flag for the USCIS officers. They can deny your case and you guys will have to appeal. Which will take more time and it is expensive. You will have to talk to your minister, iman, religious-spiritual leader to prepare a statement on your behalf to be taken with you guys when you have to attend the interview. It is not an excuse to say, your husband do not want to abandon his parents, unless they are too old and do not have the means to live by themselves. Why do people get married? Because they are in love. And when a couple is really in love do not conceive the idea to live separately.
Hello, I am a US Marine who recently transferred back to the US from my 2 year tour in Okinawa Japan and my Japanese fiancé holds a permanent resident status from her previous marriage to another Marine. In 2011 they had married, in 2012 she gained her temp visa and moved to the US, in 2013 they were ordered back to Okinawa, in 2015 she gained her permanent resident status as she was considered still in US territory due to being married to a US Marine. He cheated on her around 6 months later and and they separated trying to work it out then divorced in Oct 2016. She wants to come back to the US and her marriage ending was beyond her control.
She has been out of US territory for as of now, 10 months with 2 to go before we are required to file for a Returning Resident Visa in order for her to be able to return to the US. She has 3 kids as well from that previous marriage, all 3 are US citizens. The problem is I don’t know if they will allow her to return while not having any family ties or work in the US.
My questions are these: Is she able to return to the US on her own without USCIS and the State Dep denying her due to no ties to the US after filing a Returning resident Visa that states no ties to the US? Can she return having married someone else(me in the future) and have it written in on the Returning Resident Visa form INSTEAD of her now previous husband? Will they deny her returning because of that? Does she have to file to change her status first from married to single? Is her return possible this way or do we have to go through the process of marriage and then applying for a temp visa all over again and then a new green card(permanent resident status) afterward?
I appreciate any information you can give me.
Call USCIS 1-800-375-5283. Take your time explaining it calmly and fully.
And call your dad. Lol. 8103385569
My wife just became a full US citizen Thursday.
my friend was married for more than 2/1.2 years and the divorce proceedings will take another 6 months but her conditional green card was just obtained due to delay at USCIS. Due to this delay their marriage suffered .She lived in another country . . She was born and brought up there. She cannot go back there because she cancelled her residence visa and also resigned from her present job and sold her car and left to live with him in USA. I would like to know what will happen to her conditional green card?
Have been married over 3.5 years. I am a US Citizen and met my wife while working in Eastern Europe. We have been Stateside for 2.5 years and went through the process to gain her resident status. That took 10 months and about $2000. I was overseas 4 years prior to this so my parents and I both filed together to complete her application. Now she is working at a good paying tech job and wants a divorce immediately. No reasons other than “she isn’t happy” and it is going to be final prior to her late January 2018 date.given by immigration that marks 2 years, I believe. I feel used, betrayed, and that she planned this all along. The fact that there probably is someone else she is involved with further intensifies the hurt. It all came about suddenly and at her request. The divorce will be final before the end of 2017. We have not children, real property, or struggles. I am not trying to salvage the relationship but my parents and I feel used and lied to. What is the law and usual result for her now that she does and has had a resident status and social security card without restrictions and a valid state driver’s license? Thanks.
Same issue would love to know how this works. In the middle of it now.
Provided that she can prove that she entered in the marriage in good faith, she can file for another green card, this time she will get the 10 year green card based on the fact that she is divorced. She will have to wait until she is 5 years with her green cards (counting from the date she got her first green card) to apply for her citizenship. Then she can marry and file for any foreigner she left behind,
If you have any suspicious that this was a marriage just to get the green card, you will need documents, photos, letters, etc. to prove it and send it to the USCIS authorities. They may cancel her green card and deport her.
I met a woman in the Philippines in March 2016, We got along great and I met her family as well. We decided that I would apply for a Fiance’ Visa for her to come to the USA so that we can marry and apply for her Green Card. We married within one month and hired an Immigration Atty to file the forms for her Green Card. We just found out that there will be a delay and that she will have to get interviewed sometime over the next several months. Our marriage is not going well, she does not like my daughter at all and we argue about every 3 days. She claims that I did not meet all of the promises that I made her and is unhappy. I want to just pay for her return to the Philippines now and not complete the Green Card process. My question is do we have to get a divorce first here in the US or can she just return to the Philippines and can I file something that would annul the marriage without going through a legal divorce. Her marriage to me is not reported In the Philippines because she did not receive her Social Security Number or a Temporary Work Permit , but my marriage to her is recorded here in the US. What do I have to do if she decides to abandon me and return to the Philippines before she completes and receives her Green Card, Any advice would be much appreciated. Thank you, MIchael Stith.
what are your options if you married someone and bring in US,and 6 month only she filled a divorce.she can stay in US?
hi Ej.. i was in your same situation,, anyways do you get any answer from uscis?
thanks.
Hello I’m in the same situation as you are what they told you can you help me please
i married a person with a tourist visa less than 2 years ago, we never submit any papers to apply for residency, now i’m applying for a divorce, we have a 1-1/2 year boy, what are my rights and what happen to her legal status in the USA???
Thank you
I married a Nigerian and just found out that he lied on his application. He has 2 kids and a girl back in Nigeria that he plans to marry and bring here. He told me he doesn’t love me as his wife but only as a friend but we have been married since 5/21/2014 and we could not get his visa until Dec. 2015 I am hurt by all this and don’t know what to do. I understand I can get an annulment if I can prove he scammed me into marriage for a visa which I feel he did. But we have to be living apart and he is still hear living in a different room because we have bills together and he is helping in that area. I also found out that he has slept with others that he works with. I am so sick and feel so stupid. I am at a loss on what to do. He just filled in September to have is condition removed. Any advise would be greatly appreciated.
oh and He went back in the summer to Nigeria and had another child that makes 3 with this women.
You can always report this to the USCIS, better if you have documents, photos, etc. showing he entered into the marriage just to get his green card. That is fraud.