How Long After I get My Green Card can I Divorce? Overview
“How long after I get my green card can I divorce?” Many immigrants in bad marriages think about this question. The answer depends largely on the type of green card that you have. There are two types of green cards: 1) a ten-year green card; and 2) a two-year conditional green card.
The type of green card that you have is written on the green card itself. The green card shows a “resident since” date and “expiration date.” A 10-year difference means a regular card; 2 years means a conditional card.
Divorce After Getting a 10-year Green Card: What are the Consequences?
If you have a 10-year green card, a divorce should have very little effect on your immigration status. You are not going to automatically lose your green card because of a divorce. However, in some circumstances, if the divorce occurs shortly after your case is approved, USCIS may suspect that your marriage was fraudulent. Marriage fraud is illegal and if USCIS can prove that your marriage was fake, the government could start a deportation case against you.
USCIS is not generally keeping track of all the marriages that end in a divorce, after a 10- year green card is issued. USCIS usually finds out that your marriage ended in a divorce, when you apply for U.S. citizenship or naturalization. On the N-400 application you must disclose the number of marriages, dates of all marriages, and divorces. Additionally, you must bring certified copies of all divorce decrees to the citizenship interview with you.
If an officer sees multiple marriages with each spouse petitioning for you, he or she may suspect that you married for a green card. Solid documentation as to why the marriage ended in a divorce can quell doubts. Marriages usually breakdown because of abuse, incarceration, incompatibility, cheating and financial difficulty. Despite this fact, many of those marriages were real. Many people get divorced after obtaining a ten-year green card, which is reflected in the high divorce rate in the United States. However, some immigrant divorcees have successfully obtained U.S. citizenship.
Divorce After Getting a Two-Year Conditional Green Card: What Should You Know?
If the case is approved before the second wedding anniversary, a married immigrant receives a two-year conditional green card. Within 90 days before the conditional green card expires, you must apply to remove the conditions on your green card or risk losing conditional permanent residence status.This is done by filing form I-751, Petition to Remove Conditions. If you are still married, you and your spouse should sign and file the form together. This is called “filing jointly.”
If your marriage ended in a divorce, you will have to file the form alone by obtaining a “waiver” of the joint filing requirement. You should not file the bare form. Submit the form with evidence showing you and your spouse intended to build a life together when marrying. From the time you got married, you should have started saving documents related to your marriage. Some examples include joint bank statements, credit card bills, electric bills and lease agreements. Additionally, photographs showing your life together can help you prove that your marriage was real.
You will not automatically lose your conditional green card because of a divorce. However, if you did not properly document your marriage, the immigration officer will question whether your marriage was real . You will have a hard time proving your case without solid evidence. Additionally, you could end up with a marriage fraud bar if your case is weak. This bar means that your case is denied and no spouse, children or parent can petition for you in the future.
Should I Hire a Green Card Divorce Lawyer?
A good immigration and divorce lawyer can help you foresee problems with your case before it occurs. Many cases are won because the green card holder got a lawyer who prepared the case well and set it up for success.
My name is Cheryl Fletcher and I have been an immigration and divorce attorney, since 2015. I have helped hundreds of green card holders through the divorce process. I regularly take on and win green card divorce cases. When deciding if you should hire a lawyer, you will have to look at your finances to see if this is possible. We charge a reasonable fee for our services. More importantly, you should make the decision based on whether you can afford to make a mistake with your case and risk being deported.
If you would like to speak with me about your case, I’m available for 30-minutes to listen, explain your rights and provide you with the best legal strategy to help you achieve your goals. Take the first step to getting legal help, by clicking the orange button below.

Sources:
Fletcher Law Blog, “Divorce after permanent green card issued: How does this affect immigration status?”, Accessed January 22, 2025.
U.S. Citizenship and Immigration Services, “After a Green Card is Granted” Accessed January 22, 2025.
U.S. Citizenship and Immigration Services, “Conditional Permanent Residence” Accessed January 22, 2025.