If I divorce after NIW approval, does my ex-spouse lose the green card?

As a general rule, no. In the EB-2 NIW (National Interest Waiver), the principal applicant’s green card is based on the merits of their own work, and the spouse’s green card is a derivative benefit tied to that marriage. Once the spouse’s green card has been effectively granted, it represents permanent resident status, and a subsequent divorce does not automatically cancel it.

The key distinction is the timing of the divorce. If the spouse’s permanent residence was already approved while the marriage was still valid, a separation after that typically does not affect their status. The green card does not become invalid simply because the relationship ended.

The situation changes when the divorce occurs before the process is completed, for example during adjustment of status, or when questions arise about the authenticity of the marriage. In those scenarios, authorities may reexamine the case, and the derivative benefit could be at risk.

• Spouse’s green card already granted: a subsequent divorce generally does not revoke it.
• Divorce before the process concludes: the case may be reassessed.
• Keeping evidence of the marriage’s authenticity helps protect against challenges.

Since each case has sensitive particularities, it is worth evaluating your situation with a specialist and checking updated guidance from the official source (USCIS).

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.