My Spouse and I Divorced — Will I Lose My Green Card?

Divorce doesn't automatically mean losing your green card — but the stage you're at matters. LaGrone Law explains conditional green cards, I-751 waivers, and your rights after divorce.

Divorce is painful enough without worrying about your immigration status. If you are in the middle of the green card process or already have a conditional green card and your marriage has ended, here is what you need to know.

Are You Still Married When the Green Card Was Approved?

If you already received your 10-year permanent green card before the divorce, your green card status is generally not affected by the divorce. You are a permanent resident and the divorce does not change that.

What If You Have a Conditional (2-Year) Green Card?

If you received a conditional green card (meaning you were married less than two years when approved), you are in a more precarious position. You must still file Form I-751 to remove conditions before the card expires — but you can file it without your spouse if the marriage ended in divorce.

The I-751 Divorce Waiver

If you are no longer married to your sponsor at the time you file Form I-751, you can request a waiver of the joint filing requirement. To qualify, you must demonstrate that:

- The marriage was entered into in good faith, and

- The marriage ended in divorce or annulment.

You will need evidence that your marriage was real: joint bank accounts, shared leases, photos, communications, children, and other documentation showing you genuinely lived as spouses.

What If the Divorce Is Still Pending?

USCIS may grant a two-year extension while waiting for the divorce to finalize. You must notify USCIS of the pending divorce and request the extension.

Important: Do Not Wait

Many people do nothing after a divorce because they fear the outcome. Doing nothing is far more dangerous than acting. At LaGrone Law, we guide you through the I-751 waiver process with compassion and legal precision.

Your status can be protected. Contact LaGrone Law today.