What Happens To My Pending Marriage Based Green Card If We Separate Or Divorce

Executive Summary:

If you’re applying for a marriage based green card and going through a separation or divorce, it’s important to understand how that can affect your immigration case. The consequences of a pending divorce on marriage based green card applications can be serious, especially if your I-130 or I-485 is still under review. This guide explains the consequences of a pending divorce on marriage based green card applications, what happens to your I-130 and I-485, and what options may be available to you moving forward.

Separation vs. Divorce: Why It Matters

A separation and a divorce aren’t treated the same under immigration law, but both can raise concerns during the green card process.

If you’re separated but still legally married, your marriage based green card application can still move forward. However, immigration officers may look more closely at your case. They’ll want to see evidence that your relationship was real and not just for immigration purposes. If your marriage is still valid and you can prove it was genuine, your case may still be approved.

Once a divorce is filed, the situation changes. USCIS typically cannot approve a marriage based green card if there is no longer a legal marriage. That’s why the consequences of a pending divorce on marriage based green card applications can be much more serious than a separation.

What Happens to the I-130 If You Divorce or Separate?

The I-130 is the form your U.S. citizen or permanent resident spouse files to prove your marriage is real. It’s the first major step in the marriage based green card process. If divorce or separation happens before it’s approved, it can seriously affect your case.

Here’s how your I-130 may be affected:

• Divorce before approval: The I-130 is automatically canceled. Without a valid marriage, USCIS cannot move forward with the petition.
• Separation during the process: USCIS may delay your case and request more documentation to prove your marriage is genuine.

The impact on I-130 during divorce is one of the most important things to consider. If your I-130 is withdrawn or denied, your green card application will likely stop there.

What Happens to the I-485 While Divorce Is Pending?

The I-485 is the application you file to adjust your status and get a green card after your I-130 has been approved. If you’re in the middle of a divorce when your I-485 is still pending, your case could run into serious issues.

Here’s what to expect:

• Your I-485 depends on the I-130: If your spouse withdraws the I-130 or if it’s canceled after the divorce is finalized, your I-485 can no longer move forward.
• USCIS may ask for more proof: You could receive a Request for Evidence (RFE) asking about your current marital status and whether you’re still living together.
• Divorce before approval often leads to denial: If your divorce is finalized before USCIS approves your green card, the I-485 is usually denied unless you qualify under a different category, like VAWA.
• You could lose legal status: If your I-485 is denied and you don’t have another valid immigration status, you may face removal proceedings.

The consequences of a pending divorce on marriage based green card applications are often most serious at the I-485 stage. If your green card case is based solely on your marriage, any change in your relationship status can directly affect the outcome.

Can You Still Get a Green Card After Divorce?

Yes, in some cases, you may still be eligible for a green card even after a divorce. But it depends on your specific situation.

Options may include:

• VAWA Self-Petition: If you were abused by your U.S. citizen or green card holder spouse, you may be able to file on your own without their help.
• Good Faith Waiver: If you already received a conditional green card, and the marriage later ended, you may request a waiver and show that the marriage was entered into in good faith.
• Remarriage: You may be able to apply again with a new spouse, but you’ll need to start the marriage based green card process from the beginning.

In any case, it’s important to speak with an experienced immigration attorney. The consequences of a pending divorce on marriage based green card applications are complex, and each case is different.

What If You’re Already in the U.S. and Lose Eligibility?

If your green card application is denied due to divorce or separation, and you don’t have another valid immigration status, you could face serious problems. You may:

• Lose the right to stay in the U.S.
• Be placed in removal (deportation) proceedings
• Have difficulty applying for another visa or immigration benefit in the future

These consequences are common when applicants do not understand the impact on I-130 during divorce or overlook the risks of a pending I-485 while divorce is pending. Acting quickly and getting legal guidance can make a big difference.

How Davis & Associates Can Help

Going through a separation or divorce is hard enough. When your immigration status is tied to your marriage, it can feel overwhelming. At Davis & Associates, we help clients in Houston and Dallas understand their options and take the right steps to protect their future.

If you’re worried about the consequences of a pending divorce on your marriage based green card, the impact on I-130 during divorce, or the risks of a pending I-485 while divorce is pending, don’t wait. Contact us today for a consultation. We’re here to help you move forward with confidence.