I-751 Divorce Consequences
This guide is intended for immigrants with conditional residency who are looking to remove the conditions of their residency.
GenerallyAn individual's permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.
EligibilityGenerally, you may apply to remove your conditions on permanent residence if you:
Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
Are a child and, for a valid reason, cannot be included in your parents' application;
Are a widow or widower who entered into your marriage in good faith;
Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
Filing Form I-751Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence. You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status.
Divorce ConsequencesIf you are still married, but legally separated and/or in pending divorce and:
You filed a waiver request. USCIS will issue a request for evidence asking for a copy of the final divorce decree.
You filed a Form I-751 petition jointly. USCIS will issue a request for evidence asking for a copy of the final divorce decree and a statement that you would like to have your joint filing petition treated as a waiver.
Upon receipt of the final divorce decree within the specified time period, USCIS will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.