If I get divorced after obtaining the green card, do I lose my residency?

It is important to understand that the permanent resident status in the United States, obtained after adjustment of status via a K-1 visa, involves an analysis of the genuine nature of the relationship. Thus, the answer to “If I get divorced after obtaining the green card, do I lose my residency?” can vary according to the stage you are at in the immigration process.

If your green card has already been converted to permanent status without conditions (that is, you have passed the stage of removal of conditions), the divorce alone does not automatically affect or revoke your residency. In other words, if the marriage was legitimate and in good faith, the dissolution of the marriage will not retroactively invalidate the immigration benefit.

However, if you hold a conditional green card (generally granted for a period of two years after adjustment of status approval and requiring joint submission of Form I-751 for removal of conditions), a divorce may complicate the process. In this scenario, it will be necessary to request a waiver of the joint filing requirement, demonstrating that the marriage was in good faith despite the end of the union. This process demands solid evidence and careful review by the United States Citizenship and Immigration Services.

Regardless of your case, it is crucial to strictly follow immigration laws and be cautious of incorrect information or miracle promises that circulate in marketing campaigns. The recommendation is that if there are doubts or complications, you seek specialized guidance from qualified professionals to ensure all procedures are properly carried out in compliance with current legislation.

Always remember to keep records that can demonstrate the authenticity of your relationship and compliance with all stages of the immigration process, as this may be decisive both at the removal of conditions phase and in future processes related to citizenship or other benefits.

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.