Removal of Conditions on Green Card with I-751 Waiver
If your marriage to a U.S. Citizen or Permanent Resident results in a Green Card issued before the two-year anniversary of the marriage, that Green Card will be valid for only two years. This is called conditional resident status. After two years, you must file a petition to remove those conditions. If your marriage has ended or you can’t file jointly with your spouse, you may qualify for an I-751 Waiver that allows you to remain in the United States even without filing together.
Understanding the Conditional Green Card
When you receive a conditional Green Card, it’s valid for two years from the date of approval. To become a Lawful Permanent Resident (LPR) afterward, you typically must file a joint petition (Form I-751) with your spouse before the two-year card expires. Once approved, USCIS will grant you a 10-year Green Card. If you do not file on time, you lose your status and may face removal proceedings.
The Role of the I-751 Waiver
Filing Without a Joint Petition
If you are separated or divorced and cannot file Form I-751 with your spouse, you may still remove the conditions on your residence through an I-751 Waiver. This waiver is designed for individuals who entered their marriage in good faith but, for various reasons (such as divorce, abuse, or hardship), can’t proceed with a joint filing.
Who Needs an I-751 Waiver?
- You have a two-year (conditional) Green Card through marriage.
- Your relationship ended in divorce or annulment before your conditional Green Card expired.
- You cannot file the petition jointly with your spouse.
The I-751 Waiver ensures you can remain lawfully in the U.S. and eventually receive a 10-year Green Card if the waiver is approved.
Qualifying for the I-751 Waiver
You may qualify for a waiver of the joint filing requirement if you can demonstrate at least one of the following:
- Extreme Hardship: Your removal from the United States would result in extreme hardship.
- Good Faith Marriage: You entered the marriage in good faith, but the marriage ended due to reasons other than your spouse’s death.
- Battery or Extreme Cruelty: You or your children suffered abuse by your U.S. Citizen or LPR spouse.
Key Documents for the I-751 Waiver
A strong I-751 Waiver petition usually contains:
- A detailed affidavit explaining your situation and why you need the waiver.
- Proof the marriage was genuine (lease agreements, bank statements, insurance policies, etc.).
- Statements from friends or relatives who can confirm the good faith nature of your marriage.
- Final divorce judgment if you’re filing based on a terminated marriage.
- Any evidence showing hardship, abuse, or other grounds relevant to your case.
Timeline and the Waiver Interview
Submitting Form I-751
USCIS typically requires you to file within 90 days before your two-year Green Card expires. Ensure you track these dates carefully to avoid losing status. Once USCIS accepts your filing, you’ll receive a receipt notice allowing you to remain in the U.S. while the case is pending.
Attending the Interview
You may be called for an interview at a local USCIS office. The Officer will review your original documents, ask questions about your background and the evidence you provided, and assess whether you qualify for the I-751 Waiver. Preparation and truthful answers are crucial.
How Immigration Universe Helps
A conditional Green Card is valid for two years and is typically granted through marriage-based residency. To remove the conditions and become a Lawful Permanent Resident (LPR), you must file Form I-751 within 90 days before the card expires.
In most cases, this is done jointly with your spouse. However, if you’re divorced, separated, or have experienced abuse or hardship, you may qualify for an I-751 waiver, allowing you to file without your spouse’s cooperation.
Failing to file on time can result in the loss of your legal status and may trigger removal proceedings.
At Immigration Universe Attorneys, we help you determine the best path for your situation—whether joint or waiver—and ensure your petition is complete, timely, and supported by the right evidence.
Married couples request the removal of conditions using Form I-751. The form must be submitted to the government with the evidence that the couple is still married in good faith. The package must include government fees and civil documents.
If you received a 2-year green card through marriage and your marriage did not last, you may be wondering what will happen if your spouse cannot join you to remove the conditions. If you do not submit a Form I-751 petition before your green card expires, you will lose your permanent residency and your permission to live in the United States. However, you may be able to apply for the removal of conditions with a waiver of the joint filing requirement. This process is generally known as an I-751 waiver. A waiver of the joint filing requirement ensures that you can stay in the United States even though you are no longer married.
You need an I-751 waiver if: 1) you have a 2-year green card through marriage, 2) your marriage ended in divorce before your green card expires, and 3) you cannot file a Form I-751 Petition to Remove Conditions on Residence with your spouse.
An immigration attorney can analyze your specific situation to determine if you qualify for an I-751 waiver after divorce. Generally, you qualify for an I-751 waiver after divorce if:
- You demonstrate that your removal from the united states would result in extreme hardship;
- You entered the marriage in good faith, but the marriage ended for a reason other than the death of your spouse; or
- You demonstrate that you entered the marriage in good faith, but you or your child(ren) was the victim of abuse by the spouse.
The burden is on you to prove that you qualify for a waiver. Therefore, it is important that you submit a strong and compelling petition with excellent supporting evidence. Such evidence should include, but is not limited to:
- A detailed affidavit from the applicant explaining your history with your former spouse and the reasons why you are requesting an I-751 waiver,
- Evidence that you entered the marriage in good faith,
- Evidence that you and your former spouse had a good faith marriage,
- Affidavits or statements from others who can attest to your relationship with your former spouse, and
- Copy of your divorce judgment or divorce decree.
If you apply for an I-751 with a waiver, but your divorce is not final, USCIS will send you a Request for Evidence asking for the divorce judgment/decree. You must submit this to USCIS by the date specified in the letter. Failure to do so will result in a denial of your petition. You may still be eligible to submit a subsequent I-751 waiver request once you have the final divorce judgment.
Removal of Conditions on Green Card with I-751 Waiver
Schedule a consultation today and let our legal team help you maintain your residency with confidence and protection.
Our attorneys focus on I-751 Waiver strategies to remove the conditions on your Green Card. We understand the nuances of applying solo—especially if your marriage ended or you experienced abuse. From organizing supporting documents to preparing for the interview, we tailor each application to strengthen your case.
Ready to discuss your immigration options? Contact Immigration Universe today and schedule a consultation.