Removing Conditional Status: How to Keep Your Green Card After Divorce

A Green Card obtained through marriage is conditional for the first two years. This means the cardholder must file to remove conditions to receive permanent residency.

Incorrect filings or missed deadlines can result in the loss of your right to live in the U.S. In this guide, we explain how to navigate the process and what challenges may arise.

Who Needs to File

• Marriage-based Green Card holders who have held conditional status for less than two years.

• Filing must occur within 90 days before the two-year expiration.

• If the cardholder is divorced or the spouse is unavailable, it is still possible to file using a waiver (exemption from joint filing).

Key Forms

1. Form I-751

• The primary form used to remove conditional status.

• Must be submitted with supporting evidence proving the marriage was genuine.

2. Waiver

• Filed alongside I-751 if the spouse is unavailable or in case of divorce.

• Requires evidence that the marriage was legitimate and not entered into fraudulently.

Documents to Prepare

• Proof of marriage: marriage certificate, joint financial documents, leases, photos, correspondence.

• Additional evidence: statements from friends and relatives, employer letters, joint travel records.

• Divorce or spouse unavailability documents: divorce decree, court records, proof that the marriage conditions were met.

Common Challenges

• Divorce or absent spouse: USCIS may question the legitimacy of the marriage, so detailed evidence is essential.

• Errors in documents: incorrect data, missing information, or inconsistent dates can trigger delays or RFEs.

• Missed filing deadlines: filing later than 90 days before the conditional Green Card expires complicates the process and requires explanation.

Strategy for Success

• Gather evidence early: start collecting documents months in advance to build a complete record.

• Carefully prepare Form I-751: double-check all information, supporting documents, and signatures.

• Use a waiver when necessary: a properly completed waiver significantly increases approval chances if the spouse is unavailable or the marriage ended.

• Seek professional support: immigration attorneys can structure your case logically and persuasively, minimizing the risk of denial.

What Happens After Filing

• USCIS reviews your documents and may request additional evidence (RFE).

• Upon approval, the cardholder receives a 10-year Green Card, granting permanent residency and work authorization.

• In case of denial, an appeal is possible but requires experience and careful preparation.

Conclusion

Removing conditional status is a critical step to maintaining permanent residency in the U.S. Timely filing, accurate documentation, and a strong evidentiary case are key to success — even in challenging situations such as divorce.

If you hold a conditional Green Card and plan to remove conditions, preparing in advance and following a structured approach is essential to ensure a smooth continuation of your life in the United States.