Divorce is never easy, and for immigrants in Arizona, it comes with an added layer of worry: what happens to your green card if your marriage ends? The short answer is that divorce does not automatically mean losing your green card, but it can affect your path to permanent residency and citizenship depending on your situation.
At Cohen Family Law, we understand how stressful it is to balance family changes with immigration concerns. We work with individuals across Arizona who want clear answers about how divorce interacts with U.S. immigration rules.
Permanent Green Card Holders
If you already have a 10-year permanent green card, divorce usually does not affect your legal residency. Your status is independent from your marriage once the card is issued.
When the card expires, you must file Form I-90 to renew it. This form does not ask about marital status, but you may need to update your name or other personal details if they changed during divorce proceedings. For example, you can legally return to your prior name as long as you provide proof, such as your divorce decree.
While this process is fairly straightforward, mistakes on immigration paperwork can cause delays. Having an attorney review your renewal ensures everything is filed correctly the first time.
Divorce With a Conditional Green Card
The rules are much stricter for people with a two-year conditional green card. This card is given to immigrants who obtained residency through marriage to a U.S. citizen or permanent resident.
To keep your status, you normally must file Form I-751 (Petition to Remove Conditions on Residence) with your spouse. Divorce changes this requirement—instead, you will need to file the form on your own and request a waiver of the joint filing rule.
USCIS will then take a closer look at your case to make sure your marriage was genuine. You will need to provide proof that you lived as a married couple and did not marry only for immigration benefits. Evidence may include:
- Joint bank statements or shared credit accounts
- Mortgage or lease agreements with both names
- Birth certificates of children together
- Insurance policies naming each other as beneficiaries
- Photos, correspondence, or witness letters from family and friends
This type of documentation can be difficult to gather if your divorce was contentious. Unfortunately, in some cases, former spouses claim that the marriage was fraudulent. If this happens, you should speak with both a family law attorney and an immigration attorney immediately to protect your status.
Divorce Before Your Green Card Is Approved
If you divorce before your green card is officially approved, your application will stop. You will no longer qualify for a green card through that marriage.
That doesn’t necessarily end your chances of staying in the U.S. Other options may include:
- Employment-based visas or green cards
- Family sponsorship through another relative
- Humanitarian relief, such as asylum or refugee status
Every situation is different, so it is important to review your options quickly with a qualified attorney.
Current Immigration Issues Affecting Divorce Cases
In recent years, U.S. immigration has faced shifting policies and greater scrutiny from USCIS. Divorce cases often raise red flags, especially when the marriage was short. Officers look carefully for signs of fraud, and requests for evidence are becoming more common.
Another consideration is the public charge rule and financial stability. While the most restrictive version of the rule has been rolled back, USCIS still reviews whether an immigrant can support themselves. Divorce may affect financial eligibility, especially if your spouse previously acted as your sponsor.
Processing times have also increased for many applications. That means delays are common, and any mistakes in filings can make the wait even longer. Staying proactive and organized is more important than ever.
How We Can Help
At Cohen Family Law, we know that divorce is not just a family matter—it can affect nearly every part of your life, including your immigration status. While we focus on family law, we regularly work with experienced immigration attorneys to ensure that our clients understand the full picture.
If you are a green card holder going through a divorce, we will:
- Review your divorce case and how it may interact with immigration issues
- Help you gather the documentation you need to show that your marriage was valid
- Connect you with immigration attorneys when your case requires joint support
- Protect your rights and work toward the best possible outcome for your family and future
Talk to an Arizona Divorce Attorney Today
Divorce can raise difficult questions, but you do not have to face them alone. If you are concerned about your green card and immigration status while ending your marriage, we will help you understand your options and guide you through the process.
Contact Cohen Family Law today to schedule a consultation. Together, we can protect your family, your rights, and your future in Arizona.
