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What happens if my divorce doesn't come through in time to submit for the removal of conditions on my green card?

Brooklyn, NY |

I am currently trying to get a divorce, I need it to submit it when I apply to remove conditions on my green card, if it doesnt come through before my application deadline, is evidence of filing enough?

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Attorney answers 2


You're obviously filing the I-751 based on an exception that allows you to file with evidence of a bona fide marriage that has/will be terminated by divorce. Technically speaking, that application does not need to be filed before the 2nd anniversary and can be filed up until the government tries to remove the person. Having said that, I try to file these within the 2-year window anyway because no one wants the govt breathing down their neck. What happens generally is that USCIS will give you an extension while your divorce is pending (since they can't approve the petition until the divorce is final). All this can be tricky and I advise you to get some help.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Please visit our website at For questions or to schedule a consultation, please call 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Veronica Tunitsky

Veronica Tunitsky


Note: the extension is not guaranteed, but is most often granted.


You should consult with a immigration attorney like myself before you do anything that may SEVERELY jeopardize your case. If you can not come to the office I offer consultations over the telephone. A denial of that application may subject you to removal proceedings.

LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.

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