What if my spouse and I are separated or divorced during the process?

If you and your spouse separate or divorce during the green card process, it can complicate your application. If you are still in the process of adjusting your status or awaiting approval, USCIS may deny the application since your eligibility is based on being married to a U.S. citizen or permanent resident. However, if you have a conditional green card and divorce before removing the conditions, you can still apply to remove conditions by filing Form I-751 with a waiver. You will need to prove that the marriage was genuine and not for immigration purposes, even though it ended. The burden of proof becomes higher in these situations, and you may need substantial evidence to support your case. You should strongly consider working with an immigration attorney in this situation.