Part of the marriage green card hub:
Marriage Green Card Guide
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Form I-751
I-751 Divorce Waiver: Remove Green Card Conditions After Divorce
If your marriage ended in divorce but you still hold a conditional green card, you may still obtain a 10-year permanent green card by filing
Form I-751 with a divorce waiver. You file alone—without your former spouse’s signature—but you must prove the marriage was entered in good faith.
Many people start with searches like “conditional green card divorce” or “divorce during conditional green card”. The key issue is the same:
you must show the marriage was real at the start, even if it later ended.
This page explains when the divorce waiver applies, what evidence you need, how to convert a pending joint petition, and what to expect at the interview.
For the broader process, see our overview: Form I-751: Remove Conditions Overview.
USCIS Policy Manual: Waiver of Joint Filing Requirement
If your marriage ended in divorce, start a confidential intake to evaluate your I-751 options.
The intake helps confirm whether the divorce waiver applies, whether your filing timing matters, and what evidence USCIS typically expects in cases like yours.
Submitting the intake does not create an attorney-client relationship.
Start Confidential Intake
Or call (872) 222-9077
Quick answers (click to expand)
Can I remove conditions after divorce?
You will need a final divorce decree (or annulment order) and strong evidence showing you built a real life together during the marriage.
Do I need a final divorce decree to file the divorce waiver?
while the divorce is pending and respond later with the final decree if USCIS issues an RFE (see the “Divorce pending” scenario below).
Can I file a divorce waiver outside the 90-day window?
Filing sooner is usually better—especially if your conditional card is close to expiring or already expired.
Can I file I-751 without an attorney if I am divorced?
consistent, and supported with strong documentation. For other waiver categories, see:
I-751 Abuse Waiver and
I-751 Extreme Hardship Waiver.
Will I have an interview (including a “Stokes” style interview)?
can occur in marriage-based cases, but it is most commonly associated with removal of conditions (I-751) when USCIS wants a deeper credibility check.
What happens if USCIS denies my I-751 divorce waiver?
If you want the broader I-751 context (travel, extensions, timelines, and general process), start with the hub:
Form I-751: Remove Conditions Overview.
When does the divorce waiver apply?
The divorce waiver (also called the “good faith marriage” waiver or termination waiver) applies when:
- You received a 2-year conditional green card through marriage to a U.S. citizen or lawful permanent resident
- Your marriage has been legally terminated by divorce or annulment
- You can demonstrate that you entered the marriage in good faith, not to evade immigration laws
Key distinction: Under USCIS policy, there is generally no waiver available based solely on legal separation or informal separation.
To qualify for the divorce waiver, you typically need a final divorce decree or annulment order.
When can you file?
Unlike joint I-751 filings (which must be filed during the 90-day window before your conditional card expires), a divorce waiver can be filed at any time
after you receive conditional status and before you are subject to a final order of removal.
- You do not need to wait for the 90-day window to open
- You can file as soon as your divorce is finalized, even if your conditional card is not close to expiring
- You can file after your conditional card has expired (though you should file as soon as possible)
- You can file even after USCIS has initiated removal proceedings, as long as there is no final removal order
Filing scenarios: where are you in the process?
Your situation determines the best approach. Below are common scenarios clients face.
Scenario 1: Divorce finalized before filing I-751
If your divorce is already final:
- File Form I-751 selecting the waiver based on marriage entered in good faith but terminated by divorce or annulment
- Include a copy of the final divorce decree or annulment order
- Include evidence of the good-faith nature of the marriage
- Include a personal statement explaining the circumstances of the marriage and divorce
Scenario 2: Divorce pending when the 90-day window opens
If your divorce is not yet final but your filing window is approaching, you have options:
Option A: File requesting the waiver and document the pending divorce
- File Form I-751 requesting the divorce waiver
- Include evidence that divorce proceedings have been initiated (file-stamped petition, scheduling orders, etc.)
- USCIS will often issue an RFE requesting the final divorce decree
- RFE response periods are often short—plan ahead so you can respond immediately once the decree is entered
Option B: File jointly if your spouse will cooperate
If your spouse is willing to sign the joint petition despite the pending divorce, you may file jointly. If the divorce finalizes while the joint petition is pending,
notify USCIS and request conversion to a divorce waiver (see Scenario 3).
Option C: Wait for divorce to finalize (only if timing permits)
If your conditional status has not expired and the divorce will finalize soon, you may wait and file after you receive the final decree.
Waiver filings are not limited to the 90-day window, but delaying carries risk if timelines slip.
Scenario 3: Divorce occurs while a joint I-751 is pending
If you filed jointly and later divorced while the case is pending:
- Notify USCIS promptly (use the office that issued your most recent notice)
- Submit a written request asking USCIS to convert the joint petition to a divorce waiver
- Include a copy of the final divorce decree
- Include any updated good-faith marriage evidence you have gathered
USCIS generally converts the case. You typically do not need to file a new I-751 or pay a new filing fee.
Scenario 4: Spouse refuses to sign but you are not yet divorced
- You generally cannot obtain a divorce waiver without a final divorce decree
- Separation alone does not qualify for the divorce waiver
- Consider whether you may qualify for another waiver category depending on the facts
- If your filing window is closing, consult counsel about timing and strategy
Evidence requirements: proving a good-faith marriage without your spouse
The divorce waiver requires you to prove the marriage was entered in good faith—without your former spouse’s participation.
USCIS typically looks to shared life evidence across the marriage period. If you want a broader evidence overview, see:
Evidence for Marriage Green Card.
Financial commingling
- Joint bank account statements showing regular activity
- Joint credit card accounts
- Joint loans (mortgage, auto, personal)
- Federal and state tax returns filed jointly (or IRS tax transcripts)
- Evidence of shared financial obligations and decisions
- Lease or mortgage documents showing both names
- Utility bills at shared address
- Insurance policies listing the shared address
- Mail/correspondence sent to both spouses at the same address
Children
- Birth certificates of children born during the marriage
- School records listing both parents
- Medical records showing both parents
- Custody/parenting records (if applicable)
Insurance and benefits
- Health insurance covering both spouses
- Life insurance naming each other as beneficiaries
- Retirement beneficiary designations
- Auto/home/renter’s insurance listing both spouses
- Photographs from throughout the marriage (not just the wedding)
- Travel itineraries/reservations showing both names
- Evidence of holidays, family events, vacations
- Cards, letters, and communications
Affidavits from third parties
- Relationship of the affiant to the couple
- How long they have known you
- Specific observations about the relationship
- Affiant contact information
Personal statement: explaining the marriage and divorce
Include a written statement addressing:
- How you met and the development of the relationship
- Engagement and wedding
- Life together during the marriage
- When/how separation occurred
- Why the marriage ended
Tone guidance: Focus on establishing good faith and a coherent timeline. Avoid hostile or speculative allegations about the ex-spouse.
If there were difficult facts, address them directly and professionally.
Interview preparation for divorce waiver cases
Divorce waiver cases are more likely to be interviewed than joint filings. Be prepared to testify about the relationship and support your testimony with documents.
For general interview background, see: Marriage Green Card Interview.
Bring to the interview
- Interview notice
- Passport
- Conditional green card (even if expired)
- I-751 receipt/extension notice
- Final divorce decree (original/certified copy if available)
- Original versions of key documents you submitted as copies
- New/updated evidence gathered since filing
FAQs (click to expand)
Can I file the I-751 divorce waiver if my divorce is still pending?
Timing strategy matters because joint filings have a 90-day window, while waiver filings generally do not.
My spouse won’t sign the joint I-751. What are my options?
If neither applies and you cannot file jointly, the extreme hardship waiver may be the alternative.
How do I convert a pending joint I-751 to a divorce waiver?
In many cases, you do not need to refile a new I-751.
What evidence matters most for a divorce waiver?
plus photos and third-party affidavits as support. Consistent evidence over time is stronger than one-time snapshots.
Will I be interviewed for a divorce waiver I-751?
show documents, and answer questions about the marriage and separation/divorce.
Can I travel while my I-751 divorce waiver is pending?
If you need additional proof, you may seek an ADIT stamp.
Work with the Law Office of Justin G. Randolph
Divorce waiver cases benefit from careful evidence organization, a strong personal statement, and interview preparation.
If you are considering an I-751 divorce waiver, a confidential intake helps assess your situation and next steps.
53 W. Jackson Blvd., Suite 1234
Chicago, IL 60604
Phone: (872) 222-9077
Email: info@jrandolphlaw.com