Divorce can significantly impact the process of filing form I-751 which is required to remove the conditions on a green card obtained from marriage. Couples will typically file jointly within the 90-day window before the conditional green card expires. However, if the marriage has ended in divorce, different strategies must be considered to ensure a successful petition.
Filing after a Finalized Divorce
If your divorce is finalized, you must file the I-751 with a waiver of the joint filing requirement. USCIS requires proof that the marriage was entered into in good faith and was not fraudulent. Providing strong supporting documentation is essential to demonstrate the legitimacy of your marriage. Key evidence may include joint financial records such as bank statements and tax returns, photographs documenting shared experiences, affidavits from friends and family attesting to the authenticity of the relationship, and a copy of the final divorce decree, which must be included in your petition.
USCIS closely examines these petitions to rule out marriage fraud, so comprehensive evidence is necessary. The more documentation provided, the stronger your case will be.
Filing Before Divorce is Finalized
If your divorce is still pending when your green card is set to expire, you still have options. USCIS allows applicants to file an I-751 while the divorce is in progress, with the understanding that an amendment will be filed once the divorce is finalized. When filing in this situation, it is important to submit evidence of the marriage’s legitimacy, such as joint leases, shared utility bills, or proof of marriage counseling. Your petition should indicate that the divorce is pending and that you will update USCIS with the final divorce decree. Expect a potential Request for Evidence from USCIS, as additional proof may be required.
Filing before the green card expires ensures you maintain legal status while awaiting divorce finalization. If your spouse is unwilling to cooperate, additional waivers may be necessary.
Potential Challenges
Filing an I-751 after a divorce can be more straightforward than filing while the divorce is still pending. However, if your original green card application lacked strong marital evidence, USCIS may scrutinize your case more closely. To increase your chances of success, ensure you submit documentation demonstrating that your marriage was genuine from the beginning.
Seeking guidance from an immigration attorney can help you navigate the complexities of the I-751 filing process and determine the best course of action for your situation. Our experienced team at Berardi Immigration Law is here to help. Contact us today to secure your future and maximize your opportunities.
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