How do I remove the conditions on my marriage-based green card if the marriage is terminated?

An individual who obtained conditional residency based on marriage to a U.S. citizen, but thereafter the marriage was terminated, may file a Form I-751 waiver petition to remove the conditions on his/her green card.  This waiver applies to both marriages that end in divorce and marriages during which the beneficiary spouse or child was the victim of battery or extreme cruelty perpetrated by his/her U.S. citizen father or spouse. 

Waiver Based on Divorce 

An individual who married his/her former U.S. citizen spouse in good faith, but thereafter divorced, may file a Form I-751 waiver to remove the conditions on his/her green card.  The divorce must be final before the waiver petition is filed.  The USCIS will not accept a waiver petition for a couple that is separated, but not divorced. 

Typically, a couple that is still married when it comes time to file for removal of the conditions must jointly file a Form I-751 petition, along with supporting documentation of their continuing bona fide marriage.  This joint filing requirement is waived if the couple is legally divorced.  That is, the foreign national can apply alone without the former spouse’s input or signature. 

A waiver petition based on divorce must include evidence that the marriage was entered into in good faith (and not to circumvent immigration laws), records showing combined assets at some point during the relationship, evidence showing the length of time the parties cohabitated, and the final divorce judgment/decree. 

For married couples, the I-751 petition can only be filed within 90 days of the expiration of the initial 2-year green card.  For a divorced petitioner filing an I-751 waiver, the waiver petition can be filed at any point following the divorce and before the conditional residency expires.  In limited circumstances, the immigration service may grant a waiver following the expiration of the conditional residency, but it is discretionary. 

Waiver Based on Being the Victim of Cruelty

An individual who married his/her former U.S. citizen spouse in good faith, but thereafter fell victim to battery and/or extreme cruelty perpetrated by his/her U.S. citizen spouse, may file a Form I-751 waiver to remove the conditions on his/her green card.  The couple need not be divorced as stated above for this waiver category to apply.  This category also applies to battery or extreme cruelty perpetrated against the beneficiary’s children. 

The immigration service has stated that this category includes being the victim of any act or threatened act of violence, including psychological or sexual abuse, or any forceful detention which results or threatens to result in physical or mental injury.   A waiver petition based on being the victim of cruelty may be supported by any credible evidence and the immigration service will keep all evidence confidential. 

Form I-751 waiver petitions are separate and independent and multiple grounds should be asserted where applicable.  Please don’t hesitate to contact our office if you need assistance with an I-751 waiver petition.

Tags: cruelty, divorce, marriage green card, removal of conditions, waiver petition
Posted in FAQ Marriage-Based Green Card, I-751 Waiver Petitions | Read More »