How to File I-751 If You Are Divorced, Separated, or Facing Marital Problems
Can You File I-751 (Application to remove conditions on your green card) Without Your Spouse? A Guide for Divorced or Separated Applicants
If you received a conditional green card (valid for 2 years) through marriage, you must file Form I-751, Petition to Remove Conditions on Residence, before your two-year anniversary as a conditional resident. This petition removes the conditions on your residency and grants you a 10-year permanent green card. You can submit Form I-751 as early as 90 days before your second anniversary as a conditional resident.
Most couples file jointly with the petitioning spouse to demonstrate that their marriage was entered into in good faith. Once approved, the applicant receives a 10-year green card, which can be renewed indefinitely. If the applicant is married to a U.S. citizen, they may be eligible to apply for naturalization after three years instead of the usual five, assuming they meet all other requirements. Citizenship applications can be submitted 90 days before the third anniversary of obtaining lawful permanent resident status.
However, not all marriages last through the I-751 process. Many applicants are separated, in the middle of a divorce, or already divorced before their case is decided. If this happens, it is still possible to remove the conditions on the green card without the petitioning spouse’s cooperation by filing for a waiver of the joint filing requirement. The key is providing strong evidence that the marriage was genuine and not entered into for immigration purposes.
Scenario 1: Divorced Before Filing Form I-751
If the couple divorces before filing Form I-751, the applicant must file the petition alone and request a waiver of the joint filing requirement based on divorce. The petition must include a final divorce decree and evidence proving the marriage was real, even though it ultimately ended. USCIS will assess whether the applicant and the spouse shared a life together as a married couple before the relationship broke down.
Even though the marriage ended, USCIS still requires proof that the marriage was entered into in good faith. The applicant should submit documents demonstrating the couple’s shared life, such as records of joint residence, financial accounts, tax returns, or other materials that confirm the relationship was genuine.
Scenario 2: Divorce While I-751 Is Pending
Since I-751 processing can take years, many applicants find that their relationship deteriorates after filing but before USCIS makes a decision. If the divorce is finalized while the I-751 is still pending, the applicant should immediately notify USCIS and request them to convert the case into a waiver petition based on divorce. You also need to submit additional documents along with this request.
USCIS may issue a Request for Evidence (RFE) asking for more documentation or schedule an interview to further assess the marriage's legitimacy. Applicants should be prepared to explain what led to the divorce and provide strong supporting evidence that their marriage was real when it began. So, if you are in this situation, it is crucial to properly update and amend your application with USCIS to prevent any confusion, misrepresentation, or delays.
Scenario 3: Divorce After I-751 Approval
If the I-751 is approved and the divorce occurs afterward, there is no requirement to notify USCIS. However, a divorce can still impact future immigration applications, particularly for naturalization (citizenship).
When applying for citizenship, USCIS reviews previous green card applications to ensure the marriage was legitimate. If the marriage ended shortly after I-751 approval, USCIS may request additional evidence to verify that the marriage was entered into in good faith. For this reason, it is advisable to keep records proving the legitimacy of the marriage even after obtaining a 10-year green card.
Why You Shouldn’t Hide a Divorce from USCIS
Some applicants worry that informing USCIS about a divorce will harm their case, but failing to disclose it can lead to serious consequences. If an applicant remains silent and USCIS later discovers they were divorced while I-751 was pending, his/her petition could be denied, and he/she may be accused of misrepresentation.
Even after I-751 approval, a failure to disclose a divorce can raise red flags during future immigration applications, such as green card renewal or naturalization. Transparency is crucial to avoiding fraud accusations and ensuring a smooth immigration process.
Why Hiring an Attorney Before a Denial Is Better Than After
Filing Form I-751 without a joint sponsor is more complex and requires careful preparation. Working with an attorney before submission is far better than hiring one after a denial. Many I-751 denials happen due to insufficient documentation, unclear explanations, or procedural mistakes. If I-751 is denied, USCIS may issue a Notice to Appear (NTA) and place the applicant in removal proceedings before an immigration court. While there may be an opportunity to defend against deportation before an immigration judge, fighting to save a green card in court is much more expensive and stressful than properly preparing the case from the start.
If you are separated, facing marital difficulties, already divorced, or enduring an abusive relationship because you fear losing your status, now is the time to seek legal help. Trying to navigate this process alone can put your immigration status at risk. Consulting with an experienced immigration attorney from the beginning ensures that your case is handled correctly, increasing your chances of a smooth and successful outcome.
If you need guidance on your I-751 or an attorney to represent your case, schedule a consultation today to discuss your options.
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Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.