Depending on your circumstances, your immigration status can significantly affect your divorce process in several ways, especially if you are a non-citizen residing in the United States.
Divorce can result in implications for your residency status, eligibility for citizenship and even the timing and strategy of your divorce process itself.
Residency status
If your residency in the U.S. is based on marriage to a U.S. citizen or lawful permanent resident, a divorce can complicate your immigration status. For example, if you obtained a conditional green card through marriage, your residency is contingent on the validity of the marriage for two years. To remove the conditions on your green card, you and your spouse typically must file a joint petition (Form I-751) to prove that your marriage was entered into in good faith. A divorce before this process is complete can complicate matters, but you can still apply for a waiver of the joint filing requirement by proving that the marriage was genuine, despite its breakdown.
If you are on a visa tied to your spouse, such as an H-4 visa, a divorce could result in the loss of your legal status in the U.S. You would need to find an alternative basis for your residency, such as a work visa or student visa, to remain in the country legally.
Eligibility for citizenship
Divorce can also affect your eligibility for U.S. citizenship. If you are seeking naturalization based on three years of marriage to a U.S. citizen, a divorce will disqualify you from using the shorter three-year pathway. You would instead need to wait until you have been a permanent resident for five years before applying for citizenship.
If your immigration status is closely tied to your marriage, the timing of your divorce could be consequential. It might be advisable to seek personalized legal guidance before initiating divorce proceedings to understand the likely implications of different approaches accordingly.