Removing Conditions on Your Green Card Based on Pending Divorce

In a previous article, “Removing Conditions on Your Green Card Based on Divorce”, we discussed that if you are no longer married to your U.S. citizen (USC) or legal permanent (LPR) spouse, in order to remove conditions on your green card, you will still need to file Form I-751, Petition to Remove Conditions on Residence.

We further advised that in such a situation, 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. We noted that you may apply to remove the conditions on your permanent residence at any time after your divorce is finalized, but prior to the expiration of your conditional green card.

What If You Are In Divorce Proceedings but Not Yet Divorced?

You may file your I-751 petition in the same manner as filing based on divorce; but instead of including a copy of your divorce judgment, provide a copy of your filed petition for divorce. USCIS will then issue a request for evidence (RFE), specifically asking for a copy of the divorce judgment within 87 days. Once you submit the divorce judgment within the allotted time period, USCIS will adjudicate your petition based on your request for waiver of a joint filing based on divorce.

It is important to note that if you fail to respond to the RFE by submitting your divorce judgment within the allotted time period, your I-751 petition will be denied and you may be placed in removal proceedings.

Due to the serious ramifications of an I-751 denial, it may be prudent to consult with an immigration attorney prior to submitting your petition. Let our experienced immigration attorneys assist you with filing your I-751 petition to ensure a successful outcome. For additional questions on filing your I-751 petition or any other immigration matter, 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.