Divorce Effect on Green Card Application

1. Pre-Approval of I-130 Immigrant Petition

If the I-130 petition (generally the first step for green card based on marriage to a U.S. citizen) is not yet approved, and the couple is divorced, then the I-130 generally will not be approved.

2. Conditional Green Card Holders

If the I-130 is approved, but the foreign citizen obtains a conditional green card (because the marriage is less than 2 years old), and the couple is divorced before the foreign citizen applies for removal of the conditional green card, the foreign citizen may still be able to obtain an unrestricted green card and remain in the U.S. provided he or she meets certain requirements.

3. Post-Approval of I-130 Immigrant Petition

If the I-130 is approved, but the couple is divorced before the foreign citizen completes the second step for the green card (Immigrant Visa Processing or Adjustment of Status), then the I-130 petition is automatically revoked.

4. After Obtaining Unrestricted Green Card

At this point, divorce does not directly affect an individual’s green card status. The only affect is that it may delay obtaining citizenship.

If married to a U.S. citizen, a foreign citizen has to wait 3 years until he or she can apply for citizenship as opposed to the normal five year requirement.

If a divorce occurs before the three years have elapsed, the foreign citizen will have to wait for a total of five years before he or she can apply for U.S. citizenship.