Will Divorcing My Husband Affect My US Citizenship or His Adjustment of Status Case in Texas?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I have a question regarding my husband, who is the beneficiary in the adjustment of status application where I am the petitioner. The interview has been scheduled for us to attend; however, I am currently in the process of separating from him and plan to divorce too. My question is, if I don't go to the interview with him, will it affect me in any way? If I leave the application open rather than withdraw it, then divorce, will I be affected in any way? I became a citizen not too long ago, as my stepdad helped me become a permanent resident some time ago. Can my citizenship be taken away, or is it not affected since it is not tied to my husband?
Yes it was done after I became a citizen. And so far I just moved out so we do not live together.
Attorney Answer
Your citizenship is secure on its own. Once naturalization is granted, it does not depend on staying married, so separating from or divorcing your husband will not, by itself, take your citizenship away.
Citizenship obtained through naturalization, including through a sponsor like your stepfather, becomes permanent once granted. It can only be undone through denaturalization, a rare federal court process generally reserved for fraud or misrepresentation in your own naturalization case, or certain narrow security related grounds. Nothing in your situation, a later separation or divorce from your spouse, falls into that category.
Your husband's adjustment of status case is a separate matter, and this is where your timing and choices matter more. Because you are the petitioner, USCIS generally expects both of you at the interview to assess whether the marriage is genuine. Not attending without coordinating with USCIS first can lead to the case being denied or treated as abandoned. If you are separating and plan to divorce, leaving the petition open rather than withdrawing it does not make those facts disappear. If USCIS learns of the separation, whether at the interview or later, it can raise questions about whether the marriage was genuine, particularly depending on how close the timing is to when you filed. That scrutiny is about the petition and the marriage, not your own citizenship status.
What you can do
1. Do not skip the interview without a plan. If you cannot attend, contact USCIS or your attorney beforehand rather than simply not showing up. 2. Talk to an immigration attorney now about whether to withdraw the petition, let it proceed, or request more time, since the timing of your separation relative to the filing affects the analysis. 3. If the marriage was genuine when you filed, keep records that support that, in case the bona fides are questioned later. 4. Handle your divorce as its own process under Texas family law, understanding that it runs alongside, not against, your citizenship.
This is general legal information, not legal advice, and a Texas immigration attorney can review your specific timeline before your interview date.
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Federal Immigration Resources
- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
- Visit Executive Office for Immigration Review (EOIR) to find immigration court information and hearing details.
- Visit ImmigrationLawHelp.org to find nonprofit immigration legal-service providers near you.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Can my husband's immigration case affect my US citizenship?
No, not directly. Your citizenship stands on its own once granted, and only a federal denaturalization case based on fraud in your own naturalization could undo it, which your situation does not involve.
What happens if I don't attend my husband's adjustment of status interview?
USCIS generally expects both the petitioner and the beneficiary present. Not attending without notifying USCIS first can lead to the case being denied or treated as abandoned.
Should I withdraw the I-130 petition before my divorce is final?
There's no single right answer. It depends on facts like whether the marriage was genuine when you filed, so this decision is worth reviewing with an immigration attorney before your interview date.
