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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?

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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.


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.


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.