Have you been issued a conditional permanent residence based on your marriage to a US citizen or lawful permanent resident? A conditional permanent residence is only valid for 2 years at a time.
A conditional permanent residence is issued when you have been married for less than 2 years to your spouse and have applied for a Green Card. After 2 years when your Green Card expires, you are authorized to petition the US Citizenship & Immigration Services (USCIS) within 90 days to issue you an unconditional Green Card that is valid for 10 years.
How Can You Remove the Conditions on Your Green Card?
You will be required to provide the filing fee and biometric information. To remove the conditions on your Green Card, you and your spouse must sign the Form I-751 and submit it within 90 days. You must submit the form under the following scenarios:
- You were issued a conditional Green Card valid for 2 years since you were petitioned by your spouse and it is about to expire or expired before you could receive your 10 year Green Card and your spouse has passed away
- Your marriage ended in divorce or was annulled before you could remove the conditions on your Green Card. This means that you no longer have a marital relationship with the person who petitioned for your residency
- If you were experiencing abuse from your spouse
- You are still married
If you are still married to your spouse, then you must file Form I-751 together within 90 days of your card’s expiration date to make sure that you are not out of status. If you are unable to file before the expiration date, the USCIS will terminate your conditional status and begin removal proceedings against you.
You will receive a “Notice to Appear” at hearings where you will be given the chance to present evidence to review and rebut the decision of your removal. If you are applying late for whatever reason, then you must submit a letter to the USCIS Service Centre director giving a genuine reason backed by evidence.
It will be up to the discretion of the director to choose whether to approve your petition to restore your status or not.
How to Get Your Green Card After A Divorce?
If you are getting a divorce, then you will be required to convince the USCIS that there is a valid reason to bypass the joint filing requirement that requires the signature of your spouse. This can be done by providing evidence that your marriage was in good faith and not solely for immigration documents.
You must prepare a formal explanation for the reason for the divorce with the help of a qualified immigration attorney. However, if your case turns out to not be so compelling or the USCIS discovers that it was your fault for the marriage ended, then your petition will be denied.
Filling Form I-751 Before Your Divorce is Finalized
You can file Form I-751 any time even if your conditional Green Card nowhere near is its expiration date provided you have a final order of divorce or annulment. However, if your spouse is not present to file the form due to separation, then you must submit a waiver for the joint filing requirement. To get the waiver, you must submit evidence that your marriage was in good faith and it did not end at your fault.