Can I get divorced after arriving with an IR-1 visa?

Upon arriving in the United States with an IR1 visa, you acquire permanent resident status based on a bona fide marriage to a U.S. citizen. This situation raises many questions, including concerns about how a divorce might affect your immigration status.

In general terms, if your IR1 visa was granted through an authentic marriage that met all legal requirements, a subsequent divorce does not automatically revoke your permanent residency. In other words, even after the dissolution of the marriage, you will typically retain your resident status.

However, it is important to consider that if the marriage ends very early or if there are doubts about the authenticity of the union, this may provoke future questions from immigration authorities, especially if there are plans to apply for citizenship or if your green card is conditional.

In the case of a conditional green card-usually issued when the marriage is less than two years old at the time of visa approval-the removal of conditions requires submitting a joint petition within the stipulated period. If the marriage ends before this timeframe, it will be necessary to request a waiver of the joint filing requirement by demonstrating that the marriage was entered into in good faith. This process can be complex, as immigration authorities will carefully evaluate all documentation and circumstances to confirm that the union was legitimate.

Regardless of your situation, it is essential to always follow United States immigration laws and be cautious of miracle schemes or promises of quick results commonly promoted in marketing campaigns. Seeking guidance from reliable sources and, if possible, the assistance of professionals specialized in immigration can make a significant difference in understanding all the details of your case. Remember that each case has particularities, and staying informed about your rights and duties is one of the best actions to take throughout your immigration journey.

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.