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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