How Do I Remove Conditional Green Card After Divorce?
If you got your conditional green card through marriage and are now divorced, you can still remove the conditions and apply for a 10-year permanent green card — but you’ll need to file the petition on your own (a waiver) instead of jointly with your former spouse.
Here’s how it works:
File Form I-751 (Petition to Remove Conditions on Residence)
Normally, couples file this form jointly. However, since you’re divorced, you can request a waiver of the joint filing requirement.
Select the Correct Waiver Reason:
When filling out Form I-751, check the box that says you are applying for a waiver because your marriage was entered into in good faith, but it ended in divorce or annulment.
Submit Strong Evidence of a Bona Fide Marriage:
You must prove that your marriage was real — not just for immigration purposes. Include documents like:
- Joint lease or mortgage
- Joint bank accounts, taxes, or insurance policies
- Photos together
- Affidavits from friends/family
- Divorce decree
Include Your Divorce Decree or Final Judgment:
USCIS requires proof that your divorce is final before approving your I-751 waiver.
File at Any Time Before or after the 90-day Window:
Unlike joint petitions, waiver petitions can be filed any time after you receive conditional status — even after your green card expires — but it’s best to file as soon as possible after the divorce is finalized.
Attend the USCIS Interview (If Required):
USCIS may schedule an interview to verify the authenticity of your former marriage and review your evidence.
If approved, you’ll receive a 10-year permanent green card and keep your permanent resident status.
