Going through a divorce can be difficult on its own, but when your immigration status depends on your marriage, the process can become even more stressful. If you received a conditional green card through marriage to a U.S. citizen and later divorced, you may still qualify to remove the conditions on your residence and continue your path toward permanent residency. The key is to show that your marriage was genuine and not entered into for immigration purposes.
At Immigration Universe Attorneys, we have helped many clients in this situation. Our team understands the emotional and legal challenges that come with filing Form I-751 after divorce. Attorney Ileana Rivera and her staff provide honest guidance, detailed case preparation, and strong representation before USCIS.
What Does It Mean to Remove Conditions on Residence?
When you obtain a marriage-based green card, it is often granted on a conditional basis if you’ve been married for less than two years at the time of approval. This means your residency is valid for only two years, and before it expires, you must file Form I-751, Petition to Remove Conditions on Residence.
Typically, couples file this form jointly to prove that the marriage is still ongoing and legitimate. However, if you divorced before filing, you can still submit the form on your own by requesting a waiver of the joint filing requirement.
Removing the conditions is crucial. Failure to do so can result in loss of your lawful permanent resident status and potential removal from the United States. For many immigrants, this process represents both a legal and emotional milestone: the opportunity to secure their future independently.
What Happens When You Divorce Before Removing Conditions?
A divorce before the two-year conditional period ends does not automatically disqualify you from permanent residency. Instead, USCIS requires stronger evidence that your marriage was entered into in good faith.
The agency will carefully review your case to determine whether the relationship was real and not for the purpose of obtaining immigration benefits. If USCIS suspects fraud or insufficient evidence, they may issue a Request for Evidence (RFE) or schedule an interview to ask detailed questions about your marriage history.
Some applicants worry that filing after divorce might be a lost cause, but that’s not true. The key is documentation. Letters, photos, shared bills, lease agreements, joint bank accounts, and affidavits from friends and family are often enough to establish a genuine marriage. The sooner you gather these documents, the stronger your case will be.
How to File Form I-751 After Divorce (Waiver Process)
When you are no longer married, you must file Form I-751 with a waiver instead of a joint petition. The process is similar to the standard application, but you must also provide evidence explaining why you qualify for one of the available waiver categories.
Below is a clear overview of the types of waivers and who qualifies:
| Type of Waiver | Who Qualifies | Key Evidence |
| Good Faith Marriage | You divorced after a genuine marriage | Joint financial records, photos, affidavits |
| Abuse (VAWA) | You were physically or emotionally abused by your spouse | Police reports, restraining orders, medical or therapy records |
| Extreme Hardship | You would suffer severe hardship if deported | Evidence of financial, medical, or personal hardship |
Each waiver type has its own requirements, but all share one common goal: to prove your honesty and sincerity in your immigration process.
It is essential to file Form I-751 before your conditional green card expires. Submitting late without a valid reason can lead to automatic termination of your resident status. Once filed, you will receive a receipt notice extending your residency for 48 months while USCIS processes your case.
Evidence That Strengthens Your Case
The following types of evidence can help demonstrate your marriage was legitimate:
- Joint tax returns, insurance policies, or bank statements
- Lease or mortgage documents listing both spouses
- Photos together with family and friends
- Birth certificates of children from the marriage
- Affidavits from relatives or close friends confirming the relationship
- Correspondence such as cards, emails, or messages
The more consistent your documentation, the more credible your case appears. Our legal team can review your documents and advise on what to include to avoid unnecessary RFEs.
How an Immigration Attorney Can Help
Filing Form I-751 after divorce is one of the most sensitive processes in immigration law. It involves balancing legal evidence with deeply personal information. An immigration attorney experienced in marriage-based cases can help you:
- Determine which waiver best fits your circumstances
- Prepare and organize strong supporting documents
- Write a persuasive personal declaration for USCIS
- Represent you in interviews or respond to RFEs
At Immigration Universe Attorneys, we take the time to understand each client’s story. Attorney Ileana Rivera has guided hundreds of individuals through complex family and waiver petitions. Her focus is always on transparency, preparation, and compassionate advocacy.
If you are going through this process, you can explore more about our Immigration Services to understand how we support clients in similar situations.
Common Mistakes to Avoid When Filing After Divorce
Even strong cases can face delays if small errors are made. Avoid these common pitfalls:
- Failing to update your address with USCIS
- Submitting incomplete or unclear evidence
- Filing after the expiration date of your conditional green card
- Ignoring USCIS correspondence or interview requests
- Not including a detailed personal statement
Working with an attorney ensures every requirement is met correctly. USCIS pays close attention to consistency and detail, so professional guidance can make a decisive difference in your case outcome.
How Long Does It Take to Remove Conditions After Divorce?
Processing times vary by USCIS office, but most cases take between 12 and 18 months. During this period, you remain a lawful permanent resident and can continue working and traveling with your extension notice.
If USCIS requires additional information or schedules an interview, the process may take longer. Staying proactive and maintaining clear communication with your attorney will help you stay informed throughout.
Can I Remarry While My I-751 Waiver Is Pending?
Yes. You are legally free to remarry while your I-751 waiver is pending. However, you should be cautious. USCIS may review your new marriage as part of your pending case, so transparency and honesty are essential. Make sure to disclose any new marital status during interviews or follow-ups.
When to Seek Legal Help Immediately
You should contact an immigration lawyer as soon as you:
- Receive a divorce decree while holding a conditional green card
- Get an RFE or notice of intent to terminate your status
- Are unsure which waiver to file
- Have experienced abuse or hardship in your marriage
Quick action allows your attorney to build a strong, well-documented case before deadlines approach.
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)
- Can I still remove conditions if I’m divorced?
Yes. You may file Form I-751 with a waiver if your marriage was genuine but ended in divorce. You must prove that the relationship was entered in good faith and provide supporting evidence. - What documents prove a good faith marriage?
Documents such as joint leases, bank statements, insurance policies, family photos, and affidavits from people who knew you as a couple can help demonstrate that your marriage was real. - How long does USCIS take to process Form I-751 after divorce?
Processing usually takes between 12 and 18 months. During this time, your residency is automatically extended through your receipt notice.
