You won’t have to file any waivers either. By continuing to use this website, you agree to the Disclaimer, Privacy Policy, and Cookies Policy. While it may seem like a divorce will trigger an automatic “out-of-status” for you (or even deportation), it is not the case. What happens if everything doesn’t go as planned? These cookies will be stored in your browser only with your consent. Not only for immigration purposes. Until then, your “conditional status” will still be active (you’ll get an extension). This means that you will likely get to keep your green card because you were able to prove you married in good faith at the green card interview. The process just becomes a little more complicated because the case will receive more scrutiny than if the marriage had remained in force for the required two years. What happens if the couple get divorced while the Adjustment of Status application is pending, or even before the Adjustment of Status application is filed? Many of the couples decided they weren’t ready to make the leap into marriage. When the USCIS receives your petition I-751 and realizes that you’re getting a divorce, they will issue a “Request for Evidence” (RFE) asking you to submit your divorce decree once the divorce is finalized.
