Can I remove my green card conditions if I am divorced from my US citizen ex-spouse?

  • Yes, but you have to show that the relationship was valid during your marriage.
  • You would have to establish that you shared a life together by producing such things as photographs, rent receipts, bank accounts, health insurance cards – anything that shows that you actually had a relationship together.
  • If you can produce such evidence, you have a high probability of obtaining your ten-year green card but you will undergo another interview.
  • I highly recommend that you contact an experienced immigration attorney to help you through the interview process.

 

 

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What are the requirements to file I 751 petition?

  • You cannot file the I-751 Petition until 90 days prior to the termination of the two-year green card. You have a 90-day window to file it. If you are married, and the relationship is still good, you file it jointly with proof that you continue to have a valid relationship with your spouse.
  • If however, you obtain a divorce or your spouse dies, or you’ve been the victim of abuse, there are waivers that you can file.
  • It is not true that if you do obtain a divorce with your spouse that you cannot get a ten-year green card. There is a specific waiver for a divorce. Many individuals do obtain a divorce during this two-year conditional status.
  • If you do find yourself in that position, and you do have a divorce or you have been a victim of domestic violence, there are ways to obtain your ten-year green card without your spouse filing the form.
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