Removing Conditions on Your Green Card Based on Divorce

In a previous article, “Removing Conditions on Your Green Card Based on Marriage”, we discussed that individuals who apply for a green card based on marriage to a U.S. citizen (USC) or legal permanent resident (LPR), who have been married for less than two years, are granted a “conditional green card”, valid for two years.

We further discussed that to obtain a permanent green card, you and your petitioning USC or LPR spouse must apply together by filing Form I-751, Petition to Remove Conditions, within 90 days of the expiration of your conditional green card; and include proof of joint assets, income tax returns, and affidavits from at least two individuals attesting to the validity of your marriage.
What if you are no longer married to your USC or LPR spouse?

You will still need to file Form I-751, but in addition to including evidence that the marriage was genuine, you must include a copy of your divorce judgment, and a request for a “waiver” of the joint filing requirement.

In this case, you may file your I-751 petition at any time after your divorce is finalized, but prior to the expiration of your conditional green card.

It is important to note that the failure to file your I-751 petition in a timely manner could result in a termination of your conditional resident status and even your removal from the U.S. It is therefore crucial that you file your I-751 petition prior to expiration of your conditional residency, regardless of your marital status.

If you should have any questions or need more information about applying for Form I-751, please contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing us at azita@azitalaw.com, or calling us at 312.641-0771.