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

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


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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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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 Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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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 an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

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