I-751 Removal of Conditional Residency when divorced

Last Updated on December 8, 2025 by JR

As many people who have gone through the marriage-based green card process learn, if you are married less than two years by the time your residency is granted, the grant is “conditional”.

This means that you, as a couple, are required to file more paperwork, spend more money, and perhaps even have another interview just a short two years after your residency was granted.

The I-751 petition process can be hard to understand, especially if you do not send in your application on time or in the right way. As a leading immigration lawyer in Chicago who offers free consultations, I often meet clients who missed the deadline to file their I-751 form or accidentally filed an I-90 form to replace their lawful permanent resident card. It is important to know that if you do not file an I-751 petition, the immigrant will lose their permanent resident status and may be subject to removal. Still, this is not the end of the world. There may be a way to fight the matter in immigration court or even start from scratch, refiling for a green card.

When I-751 petitions are being filed, divorce issues can also come up. You might be thinking about getting a divorce, already be divorced, or get divorced while the I-751 is being processed. No matter when the divorce happens, it does not mean that the I-751 petition is over. USCIS will accept I-751 petitions with a waiver request from people whose marriages ended in good faith, even if the divorce has not started or is not over yet.

It is important to know that if you file an I-751 with a waiver request for the joint filing requirement, because of a divorce, for example, you can submit the petition at any time after getting conditional lawful permanent resident status, even if this status has already ended. Basically, you can file your I-751 petition with a request for a waiver until the removal process starts.

Though many couples and individuals successfully navigate the immigration process without counsel, the more complex the facts of your case, the better idea it is to hire an attorney. I offer free consultations for all your marriage green card needs.