When it comes to immigration, your relationship status isn’t just a personal matter—it can directly affect your case, your timeline, and even your eligibility for a green card or other benefits. Marriage can open doors in some cases and close them in others. The same goes for divorce. Unfortunately, these life changes can have major consequences for your immigration journey, sometimes in ways that aren’t obvious until it’s too late.
Below, we outline some of the most common ways marriage or divorce can impact your immigration case.
Fiancé(e) Visas (K-1)
If you come to the U.S. on a K-1 fiancé(e) visa, you must marry the U.S. citizen who petitioned for you within 90 days of arrival. If you don’t marry—or if you marry someone else—you generally can’t stay in the U.S. legally, even if you do marry another citizen later.
If the relationship ends before the wedding or the marriage falls apart quickly, it can leave people in a confusing and vulnerable position. Filing for adjustment based on a different relationship requires leaving the U.S. and starting from scratch, in most cases.
Additionally, if you marry before the foreign-born fiancé enters the United States, the fiancé petition is no longer valid—you’d have to start over with an I-130 filing. Some ceremonial celebrations can be considered legal ceremonies, so if you decide to have any type of ceremony outside the United States before the K-1 visa is issued, please do your research.
Marriage-Based Green Card Petitions
Did you file for a green card through marriage? If you received your green card through marriage to a U.S. citizen or lawful permanent resident (green card holder), you may have a conditional green card valid for just two years. Before it expires, you must file a form called the I-751 to remove the conditions and receive your full 10-year green card.
Normally, couples file this form together, but if the marriage ends before the I-751 is approved, things can get complicated. You’ll need to request a waiver, proving that your marriage was real, even though it didn’t last. This doesn’t automatically mean you’ll be denied—but you will have to provide strong evidence and go through extra scrutiny.
You must also consider your marital status when considering immigration benefits for others. If you obtained your green card based on marriage, got divorced, and then remarried, you cannot file for them right away. Your new spouse must wait at least five years from when you first obtained your green card to when you file an I-130 for your new spouse.
Divorce Before Naturalization
If you received your green card through marriage and plan to apply for naturalization (citizenship) in three years instead of five, you can only do so if you’re still married to—and living with—your U.S. citizen spouse.
If you divorce before applying for citizenship, you’ll have to wait five years from the date you received your green card, just like other permanent residents.
In some instances, you may have a pending I-751, apply for naturalization, and then get divorced. If this happens, the Joint I-751 must be converted to a Good Faith Waiver, and your naturalization case will have to be withdrawn because you didn’t have the now-required five years of status prior to filing.
Divorce Affecting Derivative Beneficiaries
If a U.S. citizen or green card holder sponsors their spouse and stepchildren, the child must have been under 18 at the time of the marriage for the stepparent relationship to qualify for immigration. But if the couple divorces before the green card is approved, the stepchild’s eligibility will disappear, even if their petition is already filed.
This is a critical issue for blended families, especially when timing is tight.
Marriage and Divorce for VAWA Survivors
Immigrant spouses experiencing abuse sometimes feel trapped in a harmful marriage because of their immigration status. Fortunately, under VAWA (Violence Against Women Act), certain spouses (and children) of U.S. citizens or LPRs can self-petition for a green card without the abuser’s knowledge or involvement.
This option is available whether the couple is still married or already divorced, but the divorce must generally occur within two years of filing the VAWA petition—and the abuse must have occurred during the marriage.
Spouses and Children of Asylum Applicants
If an asylum applicant includes a spouse or child on their application, those family members must still be legally married or under 21 at the time asylum is granted. If a couple divorces while the case is pending, the spouse will usually lose eligibility as a derivative and must apply on their own, often filing a nunc pro tunc application to save their filing date.
Children of Lawful Permanent Residents
Are you the child of a green card holder? Getting married could disqualify you from gaining residency through them. Many people don’t realize that there is no visa category for a married child of a lawful permanent resident (LPR). If your parent filed a petition for you (Form I-130) when you were unmarried, and you get married before your parent becomes a U.S. citizen, you’re no longer eligible for that petition—even if you’ve been waiting for years.
This can be heartbreaking for families. It’s one of the many reasons it’s important to talk to an immigration attorney before making major life decisions like getting married.
Children “Aging Out” vs. Getting Married in Family-Based Petitions
In family-based petitions, unmarried children under 21 are often eligible as derivatives or primary applicants in the F2A category (children of LPRs). But even if a child is protected from “aging out” under the Child Status Protection Act (CSPA), getting married automatically disqualifies them from certain categories.
For example, a 20-year-old daughter of a green card holder might still qualify under CSPA if the visa becomes available after she turns 21. But if she gets married during the wait, the petition dies, because there’s no visa category for married children of LPRs.
Children of U Status Applicants
Do you have a U Visa as a Derivative (U-3)? Marriage could jeopardize your green card. The U visa is a special visa for victims of crime who have helped law enforcement. Children and certain other family members can also qualify as “derivatives” of the main applicant. These family members are called U-2 (spouses), U-3 (children), or U-4 (parents), depending on their relationship.
If you’re a U-3 derivative (a child of the main applicant) and you get married before you receive your green card, you may no longer be eligible to adjust your status. That means you could lose your chance to become a permanent resident, even if you’ve already had a valid U visa for years.
Marriage Can Sometimes Help You—But Timing Matters
In some cases, marriage can be a helpful step toward gaining status, while in others it may prevent certain legal pathways. Marriage is a beautiful thing, but make sure that you are doing it under the right circumstances and not risking your immigration future in the process.
For example, a U.S. citizen can file for their spouse to receive a green card relatively quickly. But if you entered the country unlawfully or have other immigration complications, even marriage to a citizen may not be enough on its own. There could still be hurdles like waivers, interviews abroad, or other requirements.
What Should You Do?
Immigration law is complex, and something as personal as a marriage or divorce can completely change your path forward. Before making big decisions—like getting married, getting divorced, or aging out of a family category—talk to a qualified immigration attorney. A brief consultation can save you years of delay or heartbreak.
If you’re unsure how your relationship status might affect your case, we’re here to help. At Hope Immigration, we understand that your life and your immigration journey are deeply connected. We’re here to help you navigate both.