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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Form I-751, officially known as the Petition to Remove Conditions on Residence, is used by individuals who obtained their green card through marriage to a U.S. citizen or lawful permanent resident.

When someone is granted a green card through marriage, they initially receive conditional permanent resident status, which is valid for two years. To become a lawful permanent resident without conditions, they must file the I-751 petition within 90 days before their conditional green card expires.

I-751 Petition

The primary purpose of this petition is to prove that the marriage was entered into in good faith and not solely for immigration purposes. Typically, both spouses file the petition jointly, showing that the marriage is ongoing and that both parties wish to remove the conditions of the immigrant’s residency.

Here, Shobhana Kasturi, our Illinois immigration and nationality law attorney and law firm founder, explains the overall impact of filing for divorce.

How Divorce Affects Your I-751 Petition: Navigating Conditional Residency After Filing

At Kasturi Law, LLC, our Illinois immigration and nationality law attorney has over 27 years of legal experience and a decade of experience representing individuals and families navigating their unique paths to U.S. citizenship, including those filing I-175 petitions.

Filing for divorce after submitting the I-751 petition can significantly affect the process of removing conditions on the green card. The joint filing requirement is no longer possible when a couple divorces during the conditional residency period. Instead, the conditional resident must apply for a waiver of the joint filing requirement, proving that the marriage was entered into in good faith but has since ended.

Here are the potential impacts and considerations:

  • Filing a Waiver Instead of a Joint Petition

After divorce, the conditional resident must file Form I-751 independently and request a waiver of the joint filing requirement.

The waiver can be based on several grounds, including:

  • Good faith marriage that ended in divorce.
  • It would be challenging if the person were to be deported.
  • Proof of abuse or extreme cruelty by the U.S. citizen or lawful permanent resident spouse.

The most common waiver in divorce cases is the good faith marriage waiver, in which the conditional resident must provide substantial evidence that the marriage was genuine even though it ended in divorce.

  • Prepare for Increased Scrutiny

USCIS tends to scrutinize I-751 petitions more closely when a divorce occurs before the conditions are removed, as they want to ensure the marriage was not fraudulent.

The conditional resident will need to provide strong evidence that the marriage was real, such as:

  • Joint financial records, including bank accounts, leases, and utility bills.
  • Photos, travel documents, or other proof of shared life experiences.
  • Affidavits from family members or friends attest to the legitimacy of the marriage.

If the divorce is finalized after submitting the I-751 jointly but before the case is adjudicated, the applicant must notify USCIS of the divorce and switch to a waiver petition. Failure to do so may result in the petition’s denial.

Consult With Our Skilled Illinois Immigration Attorney Today

Given the complexities of filing for divorce after submitting the I-751 petition, it is highly advisable to consult with our experienced immigration attorney in Illinois. We can help conditional residents gather the necessary evidence and file the appropriate waiver, increasing the chances of a successful outcome.

If the waiver petition is denied, the individual may face removal proceedings. In such cases, it is crucial to present a strong case for the bona fide nature of the marriage during the immigration hearing.

Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.