How Will Divorce Affect My Citizenship?


How Will Divorce Affect My Citizenship?


We’ve talked before about how divorce can be a life-altering event. However, if you immigrated to the U.S. and are considering divorce or are already going through the process, you may be worried about how it may affect your citizenship.

In this issue, we’ll shed a bit of light on the topic and, hopefully, ease your concerns.

How will divorce affect my citizenship?

The short answer is that it depends largely on the length of your marriage.

  • Renewal of Green Card after divorce.
    If you already have a 10-year Green Card and are married to a U.S. citizen or permanent resident, you’ll likely have no trouble whatsoever in renewing your Green Card.
  • How two-year conditional Green Card is affected by divorce.
    If you obtained a conditional Green Card in part by your marriage to someone who is already a citizen or permanent resident, your situation may be a bit trickier.

As you most likely know, in cases like this, the U.S. Citizenship and Immigrations Services (USCIS) will provide you with a Green Card good for two (2) years. That gives the USCIS time to make sure that you and your spouse entered into the marriage in good faith. However, it’s important to keep in mind that even the government officials with USCIS realize that many couples – regardless of citizenship status – fall out of love and opt to divorce.

If you’re at this stage, you’ll need to file Form I-751 – just as you would have at the end of the two-year conditional period – but you’ll need do so with a waiver for the joint petition and be prepared to provide the USCIS with convincing evidence that the marriage was on the up-and-up.

  • Divorce and Green Card application.
    If your marriage is the basis of the application for your Green Card but you’ve not been given a conditional one, the divorce will stop the process altogether, and you likely will not be able to continue with the immigration process.

Need a men’s divorce lawyer in San Diego? Call The Men’s Legal Center

If you’re a man facing divorce, we urge you to get in touch with us here at the Men’s Legal Center. Our sole purpose is to make sure men have all the necessary resources and knowledge they need for the best possible outcome in family court.

You can reach us at 619-234-3838 or via email.



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