Can a Divorce Cancel Your Immigration Case in Virginia?

 Posted on July 24, 2025 in English

Immigration issues can be complex, especially in today’s political climate. If you filed for your green card based on your marriage to a U.S. citizen, you are already aware that the process can be lengthy. But what if your green card is based on a marriage that is falling apart? Will you lose your chance of obtaining a green card if you separate or divorce? What happens if you divorce before your interview, or after you receive conditional residency?

The answers to these questions depend on the specific situation, the timing, and the exact type of application. Should you find yourself in a situation like this, it is extremely important that you speak to an experienced Herndon, VA immigration lawyer who can evaluate your situation and help you explore options.

What Is the Process for Obtaining a Green Card Through Marriage to a U.S. Citizen?

Obtaining a green card through marriage to a U.S. citizen requires the following steps:

• The U.S. citizen spouse must file a Petition for Alien Relative (Form I-130) with USCIS.
• Supporting documentation will include the marriage certificate, birth certificate, and proof of the U.S. citizen’s status.
• If the foreign spouse is already in the United States, a Form I-485 is also necessary.  
• If the foreign spouse is outside the United States, an immigrant visa through the U.S. consulate or embassy requires completion of Form DS-260.
• Financial support documentation (Form I-864), fingerprinting, and a medical exam are necessary.
• In some cases, a police clearance certificate and proof of termination of any prior marriages are required.
• USCIS will schedule an interview for both spouses to verify the legitimacy of the relationship.
• If the application is approved, the foreign spouse will receive a green card.
• If the marriage is less than two years old, the green card will be conditional, requiring a subsequent application to remove the conditions when the two years have passed.

Divorce Before Adjustment of Status or After Receiving a Conditional Green Card

If the divorce occurs prior to the adjustment of status, it is likely that USCIS will deny the application unless another category can be applied for. Switching to another visa or filing a motion to reopen is rarely successful. If a conditional green card has been received, this means that the marriage has not yet lasted for two years.

Once the two-year period has passed, a Form I-751 must be filed jointly with the U.S. citizen spouse. If the divorce occurs before the form can be filed jointly, the conditional resident will file the Form I-751 independently, along with evidence of a bona fide marriage. If the divorce is not finalized, evidence of the divorce proceedings should be included with the I-751 filing. This does not mean that the adjustment of status will be granted.

If the divorce is due to domestic violence or extreme hardship, the conditional resident may be eligible for a waiver to remove the conditions even without a joint petition. A waiver can also be requested to remove the condition of the green card without a joint filing, provided the conditional resident demonstrates that the marriage was entered into in good faith and that the divorce was not his or her fault.

Does Divorce Affect the Ability to Obtain a 10-year Green Card?

Once permanent residency is granted, meaning the conditions are lifted, a divorce does not cancel a green card. It may, however, affect the ability to apply for naturalization (Form N-400) based on a shorter three-year marriage-based residency rule, which would require a full five-year wait instead. It is essential to note that immigration judges may closely scrutinize recent marriages or quick divorces.

Contact a Fairfax County, VA Immigration Lawyer

If you are facing divorce during or after your green card application in Virginia, you need an experienced Herndon, VA immigration lawyer from Immigration Legal Advisors, PLLC. We are a supportive, full-service law firm with over 20 years of experience, offering personalized guidance during this challenging time. Call 571-441-2233 to schedule your free consultation. Attorney Ruiz speaks both English and Spanish.