As an immigration lawyer with experience assisting recent immigrants, I understand how stressful it can be when a marriage ends, and you hold a conditional green card based on that marriage. If you received your green card through marriage to a U.S. citizen or lawful permanent resident and your marriage is less than two years old at the time your status was granted, you hold a conditional green card. Under U.S. immigration law you must take steps to convert it into a “10-year” permanent resident card — that step is filing Form I‑751, Petition to Remove Conditions on Residence, within the proper time-window.
But what happens if your marriage falls apart before you file that petition (or while it’s pending)? Let’s break it down clearly, so you know your rights, your options, and most importantly what you should do now.
1. Why you received a conditional green card
When the marriage to the U.S. citizen or lawful permanent resident was less than two years old at the time your green card was approved, the U.S. Citizenship and Immigration Services (USCIS) grants conditional permanent resident status. This is a 2-year card which requires removal of conditions.
That conditional status exists to prevent fraudulent marriages entered into purely for immigration benefits. Once the two-year anniversary of your conditional residency date approaches, you must file Form I-751 in the 90-day window prior to expiration.
2. What happens if the marriage ends before you file, or while you file
If your marriage ends — because of separation, divorce, or annulment — before you file your I-751 (or while the I-751 is pending), you do not automatically lose your green card. But the process is more complicated. Several things matter: your timing, your proof that the marriage was entered into in good faith, the stage of divorce, whether abuse was involved, and whether your spouse will cooperate. Legal sources confirm: yes, you can file for removal of conditions via a waiver of the joint filing requirement, if you no longer can file jointly because your marriage ended.
Key facts:
- If you are still married and able to file jointly with your spouse: you file I-751 together.
- If the marriage ended (divorce/annulment), you may file on your own and request a waiver of the joint filing requirement (because of divorce). If the marriage ended because of abuse (domestic violence), you may also file on your own under the “good faith marriage but abuse” waiver.
If your spouse died, there is a separate waiver path.
If you miss the 90-day window and did not file, you face serious risk of denial. But this rule applies for jointly filed petitions only.
3. The burden on you when filing after divorce or separation
When you file alone because your marriage ended, USCIS will look especially carefully at whether your marriage was genuine (entered into in good faith), and whether your petition is timely. Some of the major risks and issues:
- You must still show that at the time you obtained conditional status your marriage was real — even though it later ended. The fact of the divorce raises scrutiny. USCIS will expect you to provide the final divorce decree or annulment if the divorce is already final. If divorce is not yet final, a request for evidence (RFE) may ask for that as soon as it is final.
- You must still file in the proper window, unless you are filing a waiver early (in some cases you can file before the 90-day window if you qualify for a waiver). Because the spouse is no longer cooperating (or is divorced), you cannot rely on the joint filing; you must file under the appropriate waiver box and supply evidence such as joint financial records, shared residence, affidavits of friends/family, etc, showing the bona fide nature of the marriage.
- If your divorce is not yet final, USCIS may issue a Request for Evidence (RFE) asking for the final divorce decree later. It’s important to respond on time and to explain your situation clearly.
4. What You Should Do Immediately If Your Marriage Is Ending
Here are practical steps to protect your green card and avoid losing your status:
- Identify your filing window.
Check the “Resident Since” date on your green card and calculate the 90-day filing window before the card expires. Missing this deadline can lead to serious problems. - Collect evidence early.
Even though the relationship ended, gather as much documentation as possible showing the marriage was genuine. Evidence from the time you lived together is most persuasive. - Get your divorce finalized (if applicable).
If your divorce is still pending, consider expediting it. USCIS generally requires a final divorce decree for the waiver filing. - File under the correct waiver basis.
Choose the waiver reason that applies best — divorce, abuse, or extreme hardship. This determines the type of documentation and legal arguments you’ll use. - File on time and correctly.
Send the current version of Form I-751 with the correct fee, your detailed explanation, and supporting evidence. Keep copies of everything for your records. - Keep your receipt notice safe.
Once USCIS receives your petition, it issues a receipt extending your green card status — usually by 48 months — while the case is pending. - Stay proactive.
If USCIS asks for more documents, respond quickly. If an interview is scheduled, be prepared to explain your marriage and the reasons it ended. - Consult an immigration lawyer.
A qualified attorney can help you prepare a strong waiver filing, organize your evidence, and avoid costly errors.
5. What to Expect After Filing
If approved:
You’ll receive a 10-year green card. Your conditions are permanently removed, and you remain a lawful permanent resident.
If denied:
USCIS may refer your case to immigration court. You will still have a chance to present your case before an immigration judge, but this process can be lengthy and stressful. A well-prepared initial filing reduces that risk.
If interviewed:
Many waiver cases require an in-person interview. Be honest and clear about your relationship history, why it ended, and your life together before separation. Bring original documents and organized copies.
6. Common Questions
Q: Does divorce automatically cancel my conditional green card?
A: No. Your green card does not automatically disappear after divorce. You must, however, file a waiver-based I-751 to keep your status valid.
Q: Can I file before my 90-day window if I’m already divorced?
A: Yes. Waiver-based petitions can be filed at any time after you become a conditional resident — even before the 90-day window opens.
Q: What if my spouse refuses to sign or help?
A: You can still file independently using a waiver. The joint signature is not required once the marriage ends.
Q: Can I travel while my I-751 is pending?
A: Generally yes, but carry your expired green card and your receipt notice, which extends your lawful status. If your case is complicated, consult your attorney before traveling.
7. How to Strengthen a Divorce-Based I-751 Waiver Case
- Write a detailed personal statement describing how you met, lived together, and why the relationship ended.
- Include third-party affidavits from people who personally knew you as a married couple.
- Organize documents chronologically to make it easy for USCIS to follow your story.
- Submit clear copies and translations of all foreign documents.
- Keep USCIS informed of your address changes within 10 days of moving.
8. Why Legal Guidance Matters
Filing I-751 after a marriage ends involves both immigration law and family law issues. A divorce decree must meet USCIS requirements, and your waiver statement must align with immigration definitions of a “good-faith marriage.” Errors or missing evidence can lead to denial and removal proceedings.
An experienced immigration lawyer can:
- Analyze your eligibility for each waiver option.
- Help you organize evidence to show your marriage was genuine.
- Draft a persuasive legal argument and affidavit.
- Represent you in case of interview or court referral.
9. Final Thoughts
Divorce can feel like the end of everything, especially when your immigration status depends on your marriage. But U.S. law recognizes that genuine relationships sometimes fail — and you can still keep your green card if you handle the process properly.
The most important steps are:
- Act quickly,
- File the correct form,
- Provide strong evidence, and
- Seek professional legal help when needed.
With careful preparation and good legal guidance, you can protect your residency and stay on track toward U.S. citizenship.
Contact Information
If your marriage has ended and you’re unsure how to remove conditions from your green card, I can help.
Alena Shautsova, Esq.
New York Immigration Lawyer
Phone: 917-885-2261
Website: www.shautsova.com
I’ve helped hundreds of clients successfully navigate I-751 divorce waiver cases and keep their lawful status. Schedule a consultation today to discuss your next steps and secure your future in the United States.