Is the waiver application guaranteed and will work if couple divorce during the two conditional years of the green card?

Asked over 1 year ago - Woodbridge, VA

If couple get divorced during the conditional green card due to a reason that is not related to papers. is the husband or the wife will get the permanent green card if his or her partner fill the waiver application ( document)? If yes, is that guaranteed or they have to stay 2 years?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree


    Answered . Nothing is guaranteed and no one has to stay in a relationship which is not working The time of slavery has gone. In fact, if the citizen spouse files for a waiver while the relationship is no more, s/he would be acting dishonestly. Absent fraud, the waiver should be granted. It seem, you are quite confused about the process and would benefit great deal from a consultation with a competent immigration attorney. Good luck.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Michael Hugh Carlin

    Contributor Level 18


    Lawyers agree

    Answered . There are no guarantees of anything. USCIS might, or might not, approve the I-751 petition filed as a waiver after divorce. You should consult with an immigration attorney about your situation.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  3. Andrew Marino Bramante

    Contributor Level 15


    Lawyer agrees

    Answered . If the marriage was valid at the start, the non-citizen spouse can file the I-751 even if divorced. BUT, you better have an experienced lawyer help you. A marriage as short in duration as yours will require an almost perfect waiver application and interview.

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with... more

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