What Happens When Divorce Affects Immigration Sponsorship? A Closer Look at the Legal Crossroads in Texas

Many individuals don’t realize that divorce can significantly impact immigration status, financial obligations, and the future of both spouses. The legal consequences vary depending on the stage of the immigration process, and they often straddle both federal immigration law and state-level family law, particularly in Texas.

We spoke with the team at the Law Office of Udo Ezeamama, a Houston-based law firm that handles both immigration and divorce cases, to understand what’s at stake—and what individuals can do to protect themselves.

Immigration Status: Where You Are in the Process Matters

If your green card or immigration status is based on marriage, divorce could trigger serious consequences:

• Pending Green Card Applications: If a divorce occurs while a Form I-130 (Petition for Alien Relative) is still pending, the entire petition may be denied. That’s because the marriage no longer legally exists, and the basis for sponsorship disappears.
• Conditional Permanent Residents: If the marriage was less than two years old when the immigrant spouse received their green card, they are issued a conditional green card valid for two years. Normally, the couple must file Form I-751 together to remove the conditions. If they divorce before that filing, the immigrant must request a waiver and prove the marriage was entered into in good faith. This often becomes a complex and emotionally charged process, requiring strong documentation.
• Full Permanent Residents: If the immigrant has already received a full 10-year green card, divorce usually doesn’t affect their residency status. However, other areas—like citizenship eligibility and financial sponsorship—may still be impacted.

Financial Obligations Don’t End With Divorce

One of the most misunderstood aspects of immigration sponsorship is Form I-864, Affidavit of Support. When a U.S. citizen or green card holder sponsors their spouse, they agree to support them financially so they do not become a public charge. This is a binding federal contract, not just a formality.

What’s surprising? Divorce does not terminate this obligation.

“The Affidavit of Support creates an enforceable duty that survives divorce,” says Attorney Udo Ezeamama. “Sponsors remain responsible until certain legal benchmarks are met—such as the immigrant becoming a U.S. citizen, working for 10 years, or leaving the country.”

This means a sponsor could be legally required to support their ex-spouse, regardless of alimony or divorce agreements issued by a Texas court.

Bona Fide Marriage: Proving It Was Real

In cases where divorce occurs before immigration conditions are removed, USCIS will scrutinize whether the marriage was genuine or fraudulent. Couples who divorce must be able to prove the relationship was entered into in good faith.

Evidence may include:

• Joint bank accounts and bills
• Photos from shared trips or family events
• Lease agreements or shared mortgages
• Affidavits from friends or family
• Birth certificates of children (if applicable)

“If USCIS suspects the marriage was for immigration purposes only, they can deny the petition or initiate removal proceedings,” Ezeamama warns.

How Divorce Impacts Naturalization

Another wrinkle? Divorce can also affect eligibility for U.S. citizenship. Typically, spouses of U.S. citizens can apply for naturalization after three years of residency. But if the marriage ends in divorce, the immigrant may need to wait the full five years instead.

Additionally, divorce may delay or disqualify individuals from other immigration benefits that rely on a living, legal relationship between spouses.

Texas Divorce Law Meets Federal Immigration Law

Texas is a community property state, meaning assets acquired during marriage are generally divided equally. While the divorce decree will handle matters like property, child custody, and spousal maintenance, Texas courts have no authority to cancel or override federal immigration sponsorship obligations.

However, divorce proceedings in Texas may indirectly impact immigration cases—for example, by documenting support agreements or abuse that could be relevant in federal waiver applications.

Legal Guidance Is Crucial in These Overlapping Cases

The intersection of family law and immigration law is complex and unforgiving. Deadlines, documentation, and proper legal strategy can make all the difference.

Attorney Udo Ezeamama urges individuals in this situation—whether the sponsor or the immigrant—to seek legal advice as early as possible.

“Too many people wait until it’s too late. Whether you’re filing for divorce, facing sponsorship questions, or trying to preserve your status, you need a lawyer who understands both systems.”