Written by attorney Alexus Paul Sham

Divorce Waiver and Removal of Conditional Green Card

A common fact pattern is that a couple marries for love and then one of them wants a divorce before the application of the removal of the green card.

MOST IMPORTANT-- The conditional green card holder can apply for the removal of the conditions by themselves if they have a final divorce decree. What needs to be shown is that the marriage was entered into in good faith. Evidence that will assist the divorced spouse includes

  1. Evidence of Joint assets: joint credit card statements, joint banking accounts either prior to marriage or shortly after marriage
  2. Letters from friends (called affidavits) where people who know both of the members of the couple and discuss the authenticity of the relationship
  3. Photos of the couple/wedding album
  4. Length of time the couple lived together--joint lease

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