Removal of Conditions on Green Card During Divorce

A U.S. marriage-based green card is initially issued as a conditional permanent resident card if the marriage is less than two years old at the time of approval. This conditional green card is valid for only two years, and to maintain lawful permanent residency, the immigrant spouse must file Form I-751, Petition to Remove Conditions on Residence, before the card expires.

Understanding the Challenge

Divorce complicates the I-751 process because joint filing is no longer possible. However, U.S. immigration law provides waivers that allow you to apply independently and still prove your eligibility for permanent residency.

Legal Options for Removing Conditions After Divorce

1. I-751 Divorce Waiver

If divorced, you may file for a waiver of the joint filing requirement. To succeed, you must prove that:

• The marriage was entered into in good faith and not solely for immigration purposes.

• The relationship ended in divorce or annulment.

• You can provide evidence of a genuine marital relationship.

2. Good Faith Marriage Waiver

This option applies if the marriage was real but ended due to irreconcilable differences. USCIS looks for strong documentation such as joint bank accounts, property leases, insurance policies, photographs, and affidavits.

3. Abuse or Extreme Hardship Waiver

If the immigrant spouse experienced domestic violence, abuse, or extreme hardship, they can file independently under the Violence Against Women Act (VAWA) provisions.

Required Evidence

When filing without your spouse, providing compelling documentation is critical. Examples include:

• Joint financial records (bank accounts, credit cards, insurance policies).

• Housing documents (lease agreements, mortgage statements).

• Utility bills with both names.

• Photos of the couple, family gatherings, or travel together.

• Birth certificates of children.

• Affidavits from friends or relatives confirming the legitimacy of the marriage.

Processing Time

• USCIS typically takes 12–18 months to process Form I-751.

• Divorce-related filings may take longer due to additional scrutiny.

• Applicants usually receive a 24-month automatic extension notice, allowing them to maintain residency rights while waiting.

Potential Challenges

• USCIS Interview: If evidence is weak, you may be called for a personal interview.

• Requests for Evidence (RFE): USCIS may ask for additional documents if your initial evidence is insufficient.

• Denial Risk: If USCIS suspects the marriage was fraudulent, removal proceedings may begin. Having legal representation helps avoid this.

Immigration Strategies

• File the I-751 waiver as soon as the divorce is finalized (don’t wait until your card is about to expire).

• Gather as much joint evidence as possible, even if the marriage ended early.

• Consider legal assistance to prepare documents and respond to USCIS inquiries.

• Be prepared for an interview to prove the authenticity of the marriage.

While divorce makes the process more complex, it does not automatically end your path to permanent residency. By filing the appropriate I-751 waiver and providing strong evidence of a genuine marriage, you can still secure a 10-year green card.

If you’re facing this challenge, working with an experienced immigration lawyer can significantly improve your chances of success. Professional legal guidance ensures that your case is carefully prepared and strategically presented.

Need Legal Help? Poonah Immigration Law Can Resolve Your Case

Navigating the removal of conditions after divorce can feel overwhelming, but you don’t have to face it alone. At Poonah Immigration Law, we specialise in helping clients secure their permanent residency, even after a difficult separation.

Contact us today for a consultation and let us handle your immigration challenges with care, experience, and results.