Skip to main content

Divorce prior to removing conditions on green card

Brooklyn, NY |

Hello, I received my conditional green card through marriage, now my husband wants a divorce and i need to remove conditions in 6 months. Now, after I receive a final divorce certificate, will my green card be automatically terminated? Should I apply for the waiver right away? Should I not travel abroad during the time when divorce is in process?
Thank you

+ Read More

Attorney answers 3


It is unfortunate that your husband wants a divorce so close to the removal of the conditions. Of course, it would behoove you to try to make the marriage work. If you cannot absolutely change his mind, you can file for the waiver but you will have to wait. Please consult an attorney for a more comprehensive evaluation of your case. Good luck.

This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship. Please do not contact me expecting additional free advice. If you contact me privately, I will email you an invoice for a consultation and will advise you only after the invoice is paid. Thank you.


As soon as your divorce is final, you should submit an I-751 petition waiver. Please see

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


Your green card will not be automatically terminated, you should plan on applying 21 to 24 months from getting your conditional green card and it is best if you do not travel at this time. If your marriage cannot be salvaged, removing the two year condition will be more difficult but not impossible. The key is to provide abundant evidence that the marriage was real when entered into and not for an immigration benefit. USCIS understands that not all marriages are successful. You will have a chance to present your evidence. I strongly suggest that you contact an immigration attorney to assist you. You can find one in your area at the Find a Lawyer section of this website. Good Luck