How Divorce Affects Your Green Card and Sponsorship Responsibilities
If you received your green card through marriage, getting divorced can affect both your immigration status and financial obligations. The impact depends on whether you have a conditional green card, a permanent green card, or are still in the application process. Additionally, your sponsor’s responsibilities under the I-864 Affidavit of Support remain even after divorce.
Here’s what you need to know:
1. Divorce and Conditional Green Cards (CR1 Visa)
If you’ve been married for less than two years when your green card is approved, you receive a conditional green card, which is valid for two years. Before it expires, you must file Form I-751 (Petition to Remove Conditions on Residence) to get a 10-year permanent green card.
- Normally, both spouses file Form I-751 together.
- If you divorce before removing conditions, you must request a waiver and prove that your marriage was real (bona fide).
- Without this step, your green card may be revoked, and you could face deportation.
To prove your marriage was real, you should provide:
✔️ Joint financial records (bank accounts, tax returns, bills)
✔️ Lease or mortgage agreements
✔️ Photos, messages, and travel records
✔️ Statements from friends or family confirming your relationship
If USCIS suspects fraud, they may deny your I-751 petition and place you in removal proceedings.
2. Divorce and Permanent Green Cards (10-Year Green Card)
If you already have a 10-year green card, divorce does not affect your ability to stay in the U.S. However:
- If you plan to apply for U.S. citizenship (naturalization), your timeline may change.
- Spouses of U.S. citizens can apply after 3 years.
- After divorce, you must wait 5 years (unless you qualify under a different category).
- If USCIS suspects fraud, they may review your case when you apply for citizenship or renew your green card.
3. Divorce and Pending Green Card Applications
If your green card application is still pending and you get divorced:
- If you applied based on marriage, your application is likely denied unless you qualify for another visa.
- If you are in the U.S. on a K-1 fiancé(e) visa, divorce before getting a green card means you must leave the country.
4. Financial Obligations After Divorce: I-864 Affidavit of Support
When a U.S. citizen or permanent resident sponsors a spouse for a green card, they sign Form I-864 (Affidavit of Support). This is a legally binding contract where the sponsor agrees to financially support the immigrant until certain conditions are met.
How Long Does the Sponsor’s Obligation Last?
The sponsor remains financially responsible even after divorce until one of the following happens:
✔️ The immigrant becomes a U.S. citizen
✔️ The immigrant works and earns 40 quarters (10 years) of Social Security credits
✔️ The immigrant leaves the U.S. permanently
✔️ The immigrant dies
This means that even if the marriage ends, the sponsor may still need to provide financial support if the immigrant applies for public benefits. Some states allow the government to sue the sponsor to recover the cost of benefits.
Can the Sponsor Cancel the I-864 After Divorce?
No, the I-864 cannot be withdrawn after the immigrant receives their green card. The sponsor is responsible even if the divorce agreement says otherwise.
5. Can You Stay in the U.S. After Divorce?
Your ability to stay in the U.S. depends on your green card status:
- Conditional Green Card: You must file Form I-751 with a waiver.
- Permanent Green Card: You can stay, but naturalization wait times may change.
- Pending Green Card: If based on marriage, it will likely be denied.
If your immigration status is at risk, consult an immigration attorney to explore your options.
Need Help?
Divorce can complicate the immigration process. If you need guidance on your green card or financial obligations, contact an immigration lawyer for advice.
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