If your marriage ends before you remove the conditions on your green card, you can still apply to remove the conditions using a waiver.
What If My Marriage Ended Before Removing Conditions?
Here’s how it works:
1. File Form I-751 with a Waiver
- Instead of filing jointly with your spouse, you file Form I-751 alone.
- Check the box indicating that your marriage ended in divorce or annulment, but it was entered into in good faith.
2. Provide Evidence of a Bona Fide Marriage
USCIS requires proof that your marriage was genuine, even though it ended:
- Joint bank accounts, tax returns, or insurance policies
- Lease or mortgage documents showing shared residence
- Photos together and travel documents
- Affidavits from friends or family
- Divorce decree or final judgment
3. USCIS Review
- USCIS may request additional evidence or schedule an interview.
- If approved, you receive a 10-year permanent green card.
4. Key Points
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- Ending the marriage does not automatically cancel your green card.
- The focus is on proving the marriage was real, not whether it lasted.
- Filing as soon as possible after the divorce is recommended.
In short, Divorce before removing conditions is handled through an I-751 waiver, and with proper documentation, you can still secure permanent residency.