Granting a green card to an applicant is thought of as a service that the US government provides to the US citizen spouse, not the foreign spouse. As such, you normally cannot obtain a green card based on marriage if you divorce before your green card is issued – even with the support of your ex-spouse.

An exception to this general rule is that if you or your child were subjected to physical, mental, sexual or any other type of abuse by your US citizen spouse, you may be entitled to self-petition for a green card under the la Ley sobre la violencia contra las mujeres without your US Citizen ex-spouse’s knowledge or assistance. You should contact a VAWA immigration lawyer NYC in order to advise you whether you are eligible to self-petition.

If you two are separated (but not yet divorced) and your US citizen spouse agrees to accompany you to the green card marriage interview, your green card application might still be approved, since the USCIS will be looking at your intentions at the time you got married, not the state of your marriage now. If you can prove that you married in good faith, the green card application might still be approved.