Divorce after conditional green card is not an uncommon situation. Many people mistakenly believe that you will automatically lose your green card and be deported, after a divorce. This is not true. A conditional green card is a two-year green card that a U.S. citizen or lawful permanent resident spouse receives, if the marriage is less than two years on the date that the application is approved. Although many marriages end before it is time to file an I-751 Petition to Remove Conditions, your immigration case is not over.

Within ninety (90) days before your two-year green card expires, you and your spouse are legally required to file a joint petition to remove conditions on your residence. For some couples, this is not an issue because they are still together and are enjoying married life. Both are able to sign and file the petition with supporting evidence. Other immigrants may not be so fortunate and may be alone when the time comes to remove the conditions.

If your marriage is headed for a divorce or it has already ended, you will need to apply for a divorce waiver. This means that you will be submitting the I-751 Petition with only your signature. A divorce waiver is not a separate application. It is a part of the I-751 form. Your waiver claim means that you are filing your petition alone because of a divorce after conditional green card. You will need to prove that you entered the marriage into a good faith and intended to carry on a joint life with your spouse. Additionally, you will need evidence to show that you did not get married to circumvent immigration laws.

If the divorce is not final when the I-751 petition is due, you should include a copy of the filed divorce petition with your application. USCIS usually will issue a request for evidence, giving you eighty-seven days to produce the final divorce decree. You will need to finalize your divorce quickly. This is where a divorce attorney can help you. Getting a fast divorce is a complicated matter. You could jeopardize your immigration case if you are unfamiliar with divorce court. In some cases, an experienced divorce attorney can finalize your divorce in as little as twenty (20) days.

Unfortunately, many conditional residents are abused during their short marriage. This can be physical or emotional abuse. You are eligible for an abuse waiver if your spouse was cruel to you. Threatening to get you deported and deciding who you can talk to are common examples of “extreme cruelty.” Additionally, controlling money or food, invading your privacy and taking away your means of transportation are other types of cruelty. You can apply for an abuse waiver whether you are still married, separated or divorced. Furthermore, you can apply for both a divorce waiver and the abuse waiver if your case meets both requirements.

A “hardship waiver” is a third type of waiver available to you, if you are filing to remove the conditions on your two-year green card without your spouse. When you apply for an hardship waiver, you are telling USCIS that it would be very difficult for you if you were sent back to your home country.

Some examples of extreme hardship include, living in the United States for a long period of time or not speaking the language of your native country. Additionally, having custody of your United States citizen children or facing medical issues for which you could not obtain proper treatment in your home country are examples of “hardship.” You could also argue that you would face financial difficulties or persecution, if you have evidence to support these claims. It is difficult to obtain an hardship waiver but an experienced immigration attorney can improve your chances. Divorce after conditional green card can make you uncertain about your future but with the right legal help, you can save your immigration case and get approved for a 10-year green card.

My name is Cheryl Fletcher and I am a U.S. immigration attorney, practicing in all 50 states. Additionally, I am a Florida divorce attorney. I have won hundreds of green card divorce cases. If you would like to get in touch with me, please call 561-507-5772 or click the orange button below to speak with me for 30-minutes. I will take the time to answer all your questions and create the best legal strategy to help you win your case.

Sources:

Fletcher Law Blog, “How Long After I Get My Green Card Can I Divorce?” Accessed January 22, 2025.

U.S. Citizenship and Immigration Services, ”Conditional Permanent Residence,” Accessed January 22, 2025.

U.S. Citizenship and Immigration Services, ”Remove Conditions on Permanent Residence Based on Marriage,” Accessed January 22, 2025.