Law Office of Janis Peterson-Lord

Divorce and Waivers of the Joint Requirement to Remove the Conditions on Permanent Residency

When a marriage doesn't work out, the residency status of the immigrant spouse may be in danger. We help the divorcing spouse to maintain his or her permanent residence by filing a waiver of the joint filing request with the I-751 Petition to Remove the Conditions of Residence.

What is conditional residence?
Conditional residence is the immigration status granted to an immigrant who has applied for their green
card within two years of getting married to a United States citizen. The immigrant spouse will be a
conditional resident for two years from the time conditional residence is granted.

What rights does a conditional resident have?
A conditional resident has the same rights as a lawful permanent resident. A conditional resident can live
in the United States, work in the United States, and can travel outside the United States. There are certain
reasons why USCIS may terminate a conditional resident’s status, including when a conditional resident
has been convicted of certain crimes. If you have ever been arrested, it is extremely important to discuss
this with our office.

How do I remove the conditions on residence?
Within 90 days prior to expiration of the conditional green card, both the immigrant spouse and the
United States citizen spouse must file an application with USCIS to remove the conditions on the
immigrant spouse’s residence. This application is called a Form I-751, Application to Remove the
Conditions on Residence. Under certain circumstances, USCIS can choose to waive the 90 day
requirement.

What if I can’t file the application to remove the conditions on residence with my
spouse?
There are certain situations in which a conditional resident may not be able to depend on their spouse to
help their file the Form I-751, Application to Remove the Conditions on Residence. The conditional
resident may apply for an I-751 waiver of the joint filing requirement by filing the Form I-751
alone(indicating that requesting waiver of joint filing requirement called an “I-751 Waiver” if they can
show:

• That they entered into the marriage in good faith, but that the marriage was terminated in
divorce; and/or

• That they entered into the marriage on good faith, but the married was terminated due to the
death of the United State Citizen spouse; and/or

• That she entered into the marriage in good faith, and that she was subjected to physical
battering and/or extreme mental cruelty; and/or

• That she would suffer extreme hardship if returned to her country of origin.

Please call our office if you require assistance with your divorce and/or your waiver of the joint requirement to remove the conditions on your Permanent Residency, so that you may maintain your US Permanent Resident status.