Conditional Green Cards: How to Remove Conditions with Waiver Form I-751

A conditional green card can be a crucial step toward permanent residency in the United States. However, many immigrants are unaware that their lawful permanent resident status can be revoked if they do not remove the conditions within the two-year period.

At Immigration Universe Attorneys, our mission is to help individuals and families secure their residency and peace of mind. Led by Attorney Ileana Rivera, our team has guided many clients through the I-751 waiver process, especially those facing divorce, domestic abuse, or the loss of a U.S. citizen spouse.

This guide explains what a conditional green card is, why Form I-751 is required, and how to remove the conditions successfully, even if your marriage has ended.

What Is a Conditional Green Card?

A conditional green card is a two-year residency card issued to individuals who obtain permanent residence through marriage to a U.S. citizen or lawful permanent resident. The condition ensures that the marriage is bona fide (real and not for immigration purposes).

If you do not remove the conditions before your card expires, your lawful status can end, and removal proceedings may begin.

Feature	Conditional Green Card	Permanent Green Card
Validity	2 years	10 years
Based on	Recent marriage (less than 2 years old)	Long-term or verified marriage
Form Required	I-751 (Petition to Remove Conditions)	I-90 (Renewal)
Risk if not filed	Loss of status and possible deportation	Card expiration only

Why Form I-751 Matters

Form I-751, officially known as the Petition to Remove Conditions on Residence, must be filed within 90 days before your conditional green card expires.

Filing this form proves that your marriage was entered into in good faith. Once approved, you receive a 10-year permanent green card.

If the marriage ends, or you cannot file jointly with your spouse, a waiver can help you maintain your permanent residence independently.

What Is an I-751 Waiver?

An I-751 waiver allows you to request the removal of conditions on your green card without your spouse’s participation. This is critical for individuals who are divorced, widowed, or victims of abuse.

You may qualify for a waiver if:

• Your marriage was in good faith but ended in divorce or annulment.

• Your spouse passed away.

• You or your child suffered physical or emotional abuse from your spouse.

• Terminating your residency would cause extreme hardship.

Each waiver type has its own evidence requirements, and combining multiple grounds may strengthen your case.

How to Remove Conditions from a Conditional Green Card

The process can feel overwhelming, but understanding the key steps can help you move forward with confidence.

Step 1: File Form I-751 on Time
Submit your petition within 90 days before the expiration date on your card. If you miss the deadline, explain the reason clearly and provide documentation showing it was beyond your control.

Step 2: Include Supporting Evidence
You must include proof that your marriage was genuine, such as:

• Joint lease or mortgage statements

• Birth certificates of children

• Joint bank accounts or tax returns

• Photos, correspondence, or affidavits

Step 3: Add a Detailed Personal Statement
Explain your relationship history, challenges faced, and reasons for the waiver. Clear, honest narratives carry significant weight in USCIS decisions.

Step 4: Attend Your Biometrics Appointment
USCIS will schedule a biometrics appointment to verify your identity and background.

Step 5: Wait for USCIS Review and Decision
Processing times can vary, but while your case is pending, you remain in lawful status and may receive an extension notice.

Common Challenges in the I-751 Waiver Process

Filing a waiver can be complex, especially when emotional factors like divorce or abuse are involved. The most frequent challenges include:

• Insufficient evidence of a real marriage.

• Conflicting statements in prior immigration applications.

• Delayed filings due to confusion about the 90-day rule.

• Requests for Evidence (RFEs) that require detailed responses.

An experienced immigration attorney can identify weaknesses early and help you prepare a stronger case.

What Happens If You Don’t File Form I-751

If you fail to file Form I-751 before your conditional card expires, your status will automatically terminate. USCIS will send you a Notice to Appear in immigration court for removal proceedings.

However, filing the form late with a valid explanation may still allow USCIS to process your case. Always consult with an attorney immediately if your conditional green card has expired or is close to expiring.

Can You File for an I-751 Waiver After Divorce?

Yes. Divorce is one of the most common reasons individuals seek an I-751 waiver. You must show that your marriage was entered in good faith and that you shared a life together before it ended.

Examples of evidence include:

• Joint tax filings from previous years

• Lease agreements

• Affidavits from friends or family

• Photos of family events or trips

Even if your divorce is not final yet, you may still submit the waiver and provide proof that divorce proceedings are in progress.

How an Immigration Attorney Can Help

Working with a qualified immigration attorney can make the difference between approval and denial.

At Immigration Universe Attorneys, Attorney Ileana Rivera personally reviews every I-751 waiver case to ensure each client receives:

• A tailored legal strategy based on their circumstances.

• Honest evaluation of risks and eligibility.

• Help gathering strong evidence for USCIS.

• Representation in case of interviews or court hearings.

If you are in Orlando, Kissimmee, or Central Florida, our team is ready to guide you step-by-step through the process.

Learn more about our full range of legal support here: Immigration Services.

Schedule Your Confidential Consultation

Let our team help you understand your rights and legal options.

Phone: +1 (407) 818-1244
Email: service@immigration-uni.com
Address: 7901 Kingspointe Blvd, Ste. 8, Orlando, FL 32819
WhatsApp: +1 (407) 720-8983

Frequently Asked Questions (FAQs)

1. When should I file Form I-751?

You should file Form I-751 within 90 days before your conditional green card expires. Filing earlier or later without proper justification may result in rejection.

2. Can I apply for a waiver if I’m separated but not divorced?

Yes, but you must demonstrate that your marriage was genuine and provide proof that divorce proceedings are ongoing.

3. What happens if my I-751 is denied?

If your petition is denied, USCIS will issue a Notice to Appear in immigration court. You can present your case again before a judge with the help of an attorney.

4. Can I include my children in my I-751 waiver?

Yes. Children who received conditional residency at the same time or within 90 days can be included in your petition.