1

Can a foreign national get and keep permanent residence based on marriage to a U.S. citizen if the marriage ends?

The answer depends on where the application is in the process at the time the marriage ends, and in some cases on whether the marriage was entered into in good faith. If the marriage ends at any time before the initial marriage interview, the case cannot be approved unless the foreign national was battered by the U.S. citizen spouse and this was a reason for a divorce (or that the abusing U.S. citizen spouse died, or even that the marriage to the abusing U.S. citizen spouse never existed because of the that spouse's bigamy).

2

Part 2

If the case has been approved for conditional permanent residence but the petition to remove conditions has not yet been approved, the petition to remove conditions can still be approved in a few circumstances: if the marriage ended due to the death of the U.S. citizen spouse, if it can be demonstrated that the marriage was entered into in good faith but ended through no fault of the petitioning conditional permanent resident spouse, or if the foreign national was battered by the U.S. citizen spouse.