Conditional Green Card Divorce

In America, divorce is not an uncommon case. It happens in approximately every 36 seconds which accounts for nearly 24,000 divorces every day. This makes divorce after conditional green card a very common situation. A lot of people have the assumption that if a conditional green card holder and a US citizen spouse divorce, they would lose their green card. Some even feel threatened that a divorce after a conditional green card can get them deported. These assumptions are completely wrong. You don’t lose your conditional green card or get deported after divorcing your spouse.

The USCIS has taken the divorce factor into consideration and has made prior plans should in case a divorce situation happens. If you were issued a green card or permanent residency due to marriage to a US citizen, then your conditional green card is valid for 2 years. There are steps to be taken to remove the condition of residence on a conditional green card after divorce. Removing the condition of residence ensures that you receive a permanent green card.

To remove the condition on your green card and gain a permanent green card, you are required to file the I- 751 Petition to Remove the Conditions of Residence. Normally, you are expected to file this form within a period of 90 days preceding the expiry of your conditional green card. You are expected to do this along with your spouse. The importance of the Form I-751 is to remove the conditions of residence from your green card. This is usually not a problem for couples who are still together and are enjoying a blissful marriage. They only have to sign the application and mail it to the USCIS with proper evidence. For marriages that could not make it up to 2 years, you can still apply for a permanent green card.

How to get your permanent green card after divorce

If your marriage falls apart before the 2 years validity of your conditional green card, you can apply to remove the condition of residence on your green card. This may require you to include a request for a waiver for the joint filing requirements showing that your spouse filed the form for you. The waiver requires you to provide evidence that the union was legitimate from the start and was not entered into for immigration purposes.

The divorce waiver covers you if your divorce is yet to be finalized at the time you are submitting your I-751. This may require you to include a copy of your filed divorce. In such cases, the USCIS will issue a request for evidence which you need to produce within a period of 87 days. The evidence you are expected to produce is the final divorce decree. It is important that you get it within the time specified by the USCIS. A divorce attorney is in the best position to help you with your divorce papers. Mostly, a divorce attorney should get your divorce finalized in 20  days.

Conditional green card divorce can be a very tricky issue. Get the help of a professional to save your immigration case. Consulting with us at today


Read about Green Card Organization company