How do I divorce an immigrant spouse? If you are divorcing a noncitizen within two years of the marriage, your spouse may lose their residency status. Noncitizens must typically apply for a termination waiver if they still wish to pursue citizenship. Both parties must sign this document and show that they entered the marriage in good faith.
What happens if an immigrant marry a U.S. citizen and then divorce? An immigrant who has been married to and living with a U.S. citizen has to wait only three years after getting a green card to become a naturalized citizen. After your divorce, however, you will no longer qualify for this exception, and will have to wait the usual five years before becoming a U.S. citizen.
Can you get a divorce in the US if you are not a citizen? You may be surprised to learn you don’t need to be a U.S. citizen to get divorced in the United States. Non-U.S. citizens are afforded the same resources and rights in divorce proceedings as U.S. citizens, including the ability to file for divorce and have an attorney represent them.
How long after marrying a U.S. citizen can I divorce? However, if you’re married to a U.S. citizen, then you only have to wait three years after becoming a green card holder and then you can apply. If you divorce before you apply, then you have to wait the full five years that a non-marriage green card holder would.