Divorce is already hard. But when immigration status is involved, the fear cuts deeper. One question echoes in many homes. Will my husband get deported if I divorce him? The answer depends on his immigration status, the type of visa he holds, and how he got it. Not every divorce leads to deportation. But some do.
What Kind of Status Does He Have?
Start there. If your husband is a U.S. citizen or a green card holder with permanent residency not tied to your marriage, divorce won’t change that. He can stay. But if he got his green card through you and it’s still conditional, things can get more complicated. A conditional green card usually lasts two years. Before it expires, the couple must file to remove those conditions. They do this through a joint petition. That form tells the government the marriage was real. That it was not just for papers. If the couple divorces before filing the petition, the immigrant spouse must file alone. That means proving to the government that the marriage was entered in good faith. That proof better be strong.
What Happens If It Was a Real Marriage?
If your marriage was real, there is still hope. The government looks at the full picture. Shared bank accounts. Joint leases. Photos. Kids. Trips. Arguments. Reconciliation. Even therapy. It all matters. The truth speaks louder than fear. So even if you file for divorce, your husband can still apply to remove the conditions on his green card. He can file a waiver. He will have to show it was a good marriage that just didn’t last. That happens. Love fades. Pain grows. People change. The law knows that. The truth matters more than staying married.
What If It Was a Fake Marriage?
If the government suspects the marriage was never real, the consequences can be serious. Immigration fraud is no small thing. It can lead to deportation. It can lead to a permanent bar from reentry. USCIS interviews can feel like a courtroom. Officers dig deep. They look for mismatched stories. Lies. Missing documents. Weak answers. If the story doesn’t hold up, the green card might not either. That is when deportation becomes a real risk.
What About Abused Spouses?
There is protection for those who suffered abuse. The Violence Against Women Act (VAWA) allows a spouse who was abused during the marriage to apply for a green card without the help of the other spouse. Abuse does not have to be physical. Emotional control. Isolation. Financial threats. These also count. VAWA gives a way out. A path to stay and heal. Divorce does not end that chance.
Every Case Is Different
No two cases look the same. The law has rules, but people live in the gray. Maybe your husband overstayed a visa. Maybe he came here without inspection. Maybe you have kids together. Maybe he works and pays taxes. Maybe you still care but need to let go. These pieces matter. Immigration law is full of rules, exceptions, and loopholes. One fact can change everything. Do not guess.
If you are asking, “Will my husband get deported if I divorce him,” you need answers that fit your life. The fear is real. But you are not alone. Get help before you decide. Speak with someone who understands both divorce and immigration. Call Divorce & Family Lawyer Erlina Perez today at (201) 880-7070. Let’s talk. Let’s figure it out. Together.