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

When it comes to immigration processes in the United States, it is important to understand that each situation has its particularities. In the case of the EB-2 NIW, the principal applicant’s green card is based on their own merits and the professional contributions presented, while the benefit for dependents, such as the spouse, is derived from the valid relationship that existed at the time of application.

If your ex-spouse’s green card was granted while your marriage was still officially valid and all requirements for the derivative benefit were met, the subsequent divorce generally does not automatically result in the loss of her permanent resident status. In other words, once the green card is issued, it represents a permanent status, and divorce does not automatically annul it.

However, it is important to highlight that if the divorce occurs before the completion of the entire process (for example, during the adjustment of status stage) or if there are doubts about the legitimacy of the relationship, immigration authorities may reassess the case, which can complicate the situation. Each case is unique, as immigration authorities may consider the complete history of the process when examining the validity of any derivative benefits.

Therefore, keeping records and evidence proving the authenticity of the union during the relevant period can be essential to avoid future problems. I always emphasize the importance of strictly following United States immigration laws and seeking specialized guidance to navigate these processes.

It is recommended to consult official sources and qualified professionals in the field, avoiding falling for promises of guaranteed results through marketing campaigns or suspicious offers. This response is for informational purposes only and does not substitute consultation with an immigration specialist, who can analyze the particularities of your case and provide the best possible guidance within the current legal framework.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.