Published: June 26, 2025
What happens when your marriage ends before acquiring your permanent green card? An immigrant visa grants you conditional permanent residence status upon entering the US or changing your status to a lawful permanent resident within the country.
A conditional green card has a two-year validity period. Being able to remain in the US and secure citizenship is a typical concern among conditional permanent residents. Likewise, it’s necessary to get the conditions on residence removed before the expiration of your conditional green card. Otherwise, you can risk losing your status and facing removal from the US.
Although getting a divorce doesn’t hinder your ability to remove conditions on a conditional green card, it does complicate the process. Below, we’ll explore the impact of divorcing before filing the petition to remove conditions on permanent residence and what options are available for preserving your status.
Risks of Divorcing Before Removing Conditions on Your Conditional Green Card
You will not automatically lose your conditional card if you divorce before removing conditions on permanent residence. However, it can raise concerns about your immigration status. This is particularly complex if your conditional resident status depends on your marriage.
Since it’s based on a marriage less than two years old, your status relies significantly on proving the legitimacy of your marriage. The United States Citizenship and Immigration Services (USCIS) requires conditional residents to apply for removal of conditions within 90 days before the green card expires.
Married couples can no longer file jointly once they divorce, making it more challenging to prove that the marriage was genuine and not solely to obtain a green card. Besides demonstrating good faith at the start of marriage, you must show that the failed marriage isn’t the foreign spouse’s fault.
Suppose the divorce is granted due to the adultery or abandonment of the noncitizen spouse. It can further raise doubts about the authenticity of the marital relationship. Hence, seeking legal guidance from a proficient Los Angeles immigration lawyer about your case is beneficial, especially when the divorce is a result of your actions.
Getting a Divorce Before Applying for Removal of Conditions on Your Conditional Green Card
Timing is crucial when applying for the removal of conditions. Your application will likely be returned if you file early, before the 90-day window. On the other hand, filing late can result in the denial of your application. Exceptions are available if you can provide proof of extenuating circumstances explaining the delay, such as abuse or medical emergencies.
Discuss your case with a trustworthy immigration lawyer as soon as you can to avoid missing the critical filing window. Understand the potential implications of getting a divorce before removing conditions on your US conditional green card.
Removing conditions when your divorce isn’t final
USCIS expects couples to jointly file the removal of conditions on a conditional green card. However, your spouse may not cooperate in signing the joint filing requirement. In this case, you must secure a waiver to file it on your own because of the pending divorce.
While the divorce is ongoing, USCIS will require you to present evidence that divorce proceedings are underway. You will receive a notice extending the validity of your conditional resident status. Later on, expect a request for evidence (RFE) from the USCIS to provide your final divorce decree.
Removing conditions after your divorce is finalized
As soon as your divorce is finalized, immediately submit your divorce decree to USCIS. It serves as official proof that your qualifying marriage has legally ended. This is particularly essential if the petition to remove conditions is filed jointly, but requires amending it to a waiver based on divorce.
The RFE also requires you to provide a statement confirming you’d like the joint filing process as a waiver filing. Once USCIS gets your final divorce decree within the RFE deadline, they will make the changes indicated in your application for a waiver of the joint filing requirement.
Complete the Removal of Conditions Process With ALG Lawyers
Your permanent resident status isn’t completely secure if you have a conditional green card. While getting a divorce doesn’t automatically bar you from removing conditions, it adds complexity to your immigration status. In the worst case, you can risk losing your immigration right to move forward and acquire permanent residence in the US. A Los Angeles immigration lawyer understands the legal requirements of completing the removal of conditions process, increasing the odds of more favorable outcomes. Connect with our credible team at ALG Lawyers. You can receive reliable and case-specific legal guidance on your immigration concerns from our experienced attorney.
FAQs on Seeking a Divorce Before Removing Conditions on Your Conditional Green Card
Is it possible to request a waiver without your spouse’s signature?
It’s possible fr conditional residents to secure a waiver even with their spouse’s signature. However, you can only do so if you can prove that your marriage is genuine and under one of the circumstances where joint filing isn’t appropriate or possible.
- You experience domestic violence from your US spouse.
- You get divorced or separated.
- Your petitioning US spouse dies.
How can a conditional resident address wrongful “bad faith” claims in divorce?
You can counter wrongful bad faith claims in divorce and support your petition to remove conditions by proving to the USCIS that your marriage is real and not merely for immigration benefits. Some pieces of evidence you can submit include shared leases, joint financial documents, photographs documenting your relationship, and insurance policies.
Can you secure US citizenship after getting a divorce?
Getting a divorce doesn’t prevent you from securing US citizenship. But unless you’re eligible for exceptions, you must wait for five years to apply for naturalization instead of qualifying for early citizenship after three years.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)