Will I Lose My Green Card If I Divorce My U.S. Citizen Spouse?

 Posted on January 14, 2026 in English

Sometimes people enter the United States as the fiancé of a U.S. citizen to get married and live in the United States. If so, they might be granted a conditional green card. This can be given to those who have been married less than two years from the date the green card was issued.

Once two years have passed, the conditional green card holder can apply with their spouse to have the conditions removed. But what if the green card holder is no longer married when this time comes? Can they renew their green card and stay in the United States?

If you are asking yourself these questions in 2026, you should talk to our Virginia immigration attorney. We take cases from all over the country and are committed to helping immigrants succeed.

What Happens If You Have a Permanent Green Card and Get Divorced?

If you have a permanent green card and you divorce, your divorce generally will not affect your ability to renew your green card. You can remain in the United States, barring any circumstances that would warrant removal. When it comes time to renew, you simply file Form I-90 with U.S. Citizenship and Immigration Services.

However, your divorce will affect naturalization timing. You will have to wait five years to apply for citizenship instead of three years. USCIS will review your immigration history to ensure your original marriage was not fraudulent.

What Should You Do If You Have a Conditional Green Card and Get Divorced?

If you have a conditional green card and you divorce, you will deal with challenges when renewing. Under Section 216 of the Immigration and Nationality Act, conditional residents must prove their marriages were genuine.

You can file Form I-751 to renew your green card condition-free, but you must prove your marriage was not fraudulent. According to recent USCIS data, the average processing time for Form I-751 is approximately 21 months.

To show your marriage was legitimate, you can provide copies of: 

• Joint bank statements

• Leases

• Birth certificates of children

• Joint tax returns

• Shared insurance policies

• Photographs

• Affidavits from friends and family

You must also provide a written statement explaining why you decided to divorce.

Can You File Form I-751 Before Your Divorce is Final?

If your divorce has not been finalized but proceedings have begun, you can still file Form I-751 with evidence of initiated divorce proceedings. USCIS will typically send a Request for Evidence asking for the final divorce decree and extend your conditional residence status for four years.

In rare cases where you are separated but not divorced, you may be eligible if you can prove extreme hardship based on factors such as age, length of U.S. residence, family ties, health, and finances.

What If You Get Divorced During the Green Card Application Process?

If you divorce during the application process for a marriage green card before your conditional status is approved, the application will generally stop and no longer progress. USCIS carefully monitors marital status. If an immigrant fails to disclose their divorce, it is considered immigration fraud. This can lead to denial, removal proceedings, and bars to future immigration benefits.

Call a Fairfax County, VA Immigration Lawyer Today

If you can show you did not get married just to avoid U.S. immigration laws, you might be able to renew your green card on your own. This would let you stay in the United States as a permanent resident, even though you are no longer married to a U.S. citizen.

Our Herndon immigration attorney has over 20 years of experience helping clients throughout the United States navigate complex immigration cases. Contact Immigration Legal Advisors, PLLC today at 571-441-2233 to schedule a consultation.

Se habla español.