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A common question we get asked is: Can I keep my green card after divorce if my I-751 petition has not been approved? In many cases, the answer is yes. Many conditional permanent residents qualify for an I-751 waiver that allows them to continue their case without their former spouse.
Although divorce can complicate the immigration process, it does not automatically prevent you from obtaining a permanent green card.
Wondering how this works in real life? Scroll to the bottom to read how we helped a client obtain his permanent green card after his marriage ended.
If you received a marriage-based green card less than two years after getting married, you were granted a conditional permanent resident status. Before your two-year green card expires, you must file Form I-751, Petition to Remove Conditions on Residence with the US Citizenship and Immigration Service (USCIS).
Although most couples file jointly, a divorce before the USCIS approves the petition does not necessarily mean your case is over.
Filing an I-751 Waiver When Your Marriage Ends
If you qualify, you may file an I-751 waiver after your marriage ends instead of filing a joint I-751 petition, or before the USCIS makes a decision on your pending form I-751 petition.
Before you file an I-751 waiver, do ensure that you can meet the USCIS waiver requirements below to:
- Prove that you entered your marriage in good faith (a bona fide marriage)
- demonstrate that you qualify for a waiver – either a good faith (commonly known as a divorce waiver), a battery waiver or extreme cruelty (abuse) waiver.
What To Expect After Filing An I-751 Waiver
After you file the form I-751 waiver, you may receive a Request for Evidence (RFE) from the USCIS. A Request for Evidence is a written request from the US Citizenship and Immigration Service (USCIS) asking for new, additional or missing information about your immigration application.
The USCIS will sometimes ask for more information so that they can make a decision on your case.
Some applicants may receive a Notice of Intent to Deny from the USCIS notifying them that they may deny their application and provide a deadline to respond.
Finally, you may receive an appointment for an interview with an immigration officer at the USCIS office to discuss your application.
What happens if the I-751 waiver is denied?
If your I-751 waiver is denied, there is no appeal, but you can file a new form I-751 application again before an Immigration Judge if you are put into removal (deportation) proceedings.
What Happens If You Don’t File the Form I-751 Before Your Green Card Expires?
If you do not file the form I-751 petition before your conditional green card expires you will lose your conditional permanent resident status.
Also, failure to provide the USCIS with requested information within their stated deadlines for an RFE or Notice of Intent to Deny will cause a denial of your application.
When To Seek Legal Help
First, speak to an immigration attorney to find out if you are a good candidate for filing an I-751 waiver petition.
Also, your attorney will advise you on how to avoid making your case more complicated.
Finally, if you want a better understanding of what the USCIS officer is looking for or what the USCIS currently needs in cases like yours, please seek legal assistance.
This is because immigration law is constantly changing and there are often new USCIS policies that you need to be aware of.
I-751 Waiver Success Story: Approval After Divorce
Our client initially filed a joint I-751 petition with his spouse, but their marriage unfortunately ended while the petition was still pending. Concerned about his immigration status and unsure how to proceed, he contacted our law office for help.
As experienced immigration attorneys, we carefully reviewed his case and developed a strategy to convert his pending petition into an I-751 waiver. We worked closely with our client to gather strong evidence to show he entered into his marriage in good faith despite ending it in divorce. We also prepared him thoroughly for his USCIS interview and accompanied him throughout the process.
This case required patience, detailed preparation, and nearly two years of advocacy. In the end, the USCIS approved his I-751 waiver, and our client received his permanent green card.
Our client’s case underscores an important point: a divorce does not automatically prevent you from obtaining a permanent green card. If your marriage has ended after receiving a conditional green card, you may still qualify for an I-751 waiver if you can show that your marriage was genuine.
Every case is different, and past results do not guarantee future outcomes. However, careful legal strategy, strong documentation, and experienced representation can make a significant difference when navigating the I-751 waiver process and the removal of conditions on permanent residence.
Thank you for reading this article.
Ready to discuss your I-751 waiver or immigration concerns? Visit our website www.emenikelaw.com and select “Book an Appointment” to schedule a consultation with our immigration lawyer, Attorney Doreen Emenike.
Disclaimer: This article is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your particular situation or case, please speak to an immigration lawyer.
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