Q: What happens if I divorce/separate during a conditional green card status?
Hello,
My name is Joseph, a marriage conditional green card holder for 2 years, 5 months.
We jointly filed to remove conditions and received a 4 year extension awaiting USCIS decision.
My sponsoring spouse has and still makes life unbearable with her cheating, infidelity, emotional abuse, verbal abuse, one time physical abuse and lately adultery.
We have tried counselling but it seems not to help.
My mental status is not ok at all and I feel that we need to separate for me to care for my mental and physical health.
What will be my legal options and challenges with USCIS on removing conditions by myself in the case we divorce or separate?
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A:
If you divorce or separate while awaiting your green card conditions to be removed, you can still apply to remove the conditions on your own. You would need to file a waiver of the joint filing requirement (Form I-751), showing that the marriage was entered in good faith but ended due to divorce or separation. You can also include evidence of the abuse you’ve endured, which may strengthen your case.
The key is to provide as much documentation as possible proving the legitimacy of your marriage and the mistreatment you faced. Gather things like photos, shared financial accounts, leases, or affidavits from friends or family who can attest to your relationship. Evidence of counseling attempts, medical records, or police reports may also be useful.
Divorce may complicate the process but doesn’t automatically result in your deportation or denial of your petition. Prioritize your mental health and well-being. With the right preparation and evidence, you can still have a strong chance of having your conditions removed.
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