If your marriage ends before you receive a permanent green card, you may still be able to stay in the U.S., but it requires taking additional steps. If you have a conditional green card and your marriage ends in divorce or annulment, you can file Form I-751 with a request for a waiver of the joint filing requirement. You will need to provide strong evidence that your marriage was genuine, even though it ended. This might include joint financial documents, proof of cohabitation, and statements from people who can attest to your relationship’s authenticity. USCIS will review your case carefully, and you may need to attend an interview to further explain your circumstances. It’s critical to show that the marriage was entered in good faith and not for immigration purposes.
Conditional vs. Permanent Green Card
How do I remove conditions on my green card after 2 years?
To remove conditions on your marriage-based green card after two years, you’ll need to file Form I-751, Petition to Remove Conditions on Residence. This must be done within the 90-day period before your conditional green card expires. You and your spouse will need to provide evidence that your marriage is still genuine, such as joint financial records, photos, lease agreements, and other proof of your life together.
If your marriage has ended due to divorce or other reasons, you may still apply for a waiver of the joint filing requirement by showing that your marriage was entered in good faith. After submitting Form I-751 and supporting documents, USCIS will review your case, and you may need to attend an interview before receiving your 10-year permanent green card.
What is a conditional marriage-based green card?
A conditional marriage-based green card is a temporary green card issued to spouses who have been married for less than two years at the time their application is approved. This conditional green card is valid for two years and is intended to ensure that the marriage is genuine and not just for immigration benefits. Before the two-year period ends, you and your spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, to prove that your marriage is still valid and to obtain a permanent green card.
Removing conditions is an important step that transforms your temporary residency into a permanent one, allowing you to live and work in the U.S. without further time limits.
