Getting Divorced and Remarried as a Conditional Permanent Resident

Apr 10, 2024 | Conditional Residency

Basics on Waivers of Inadmissibility: Essential Guide for Law Firms

Struggling with complex waiver of inadmissibility cases?

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Mastering the basics on waivers of inadmissibility can elevate your practice, leading to more successful outcomes, increased client satisfaction, and a stronger reputation.

In this article, we dive deep into everything you need to know about waivers of inadmissibility, from eligibility criteria to the application process.

Ready to boost your expertise and attract more clients? Read on to discover how.

Eligibility Criteria for Adjustment of Status

Facing a divorce and thinking about remarrying?

Don’t let legal complexities derail your residency status.

Get the insights you need to navigate these life changes smoothly and keep your green card intact.

This guide breaks down the must-know details for conditional permanent residents dealing with divorce and remarriage.

Secure your future and minimize stress.

Conditional Green Card Divorce


Divorce can be challenging in any marriage, but, it can be even more complicated if you are in the US based on a marriage green card. Ending a marriage may affect your ability to stay in the United States.

As a Miami immigration lawyer, I have many clients married to US citizens who are conditional residents. As you know, before the end of the two-year conditional residency period you have to apply to have the conditional status removed and apply for a green card to receive your green card without conditions.

But what happens if you are married to your US citizen spouse and want to divorce soon after you get your conditional green card?


How Can a Divorce Affect Your Legal Status?


When an individual marries a US citizen and gets a green card, it can be permanent or conditional.

A permanent green card is valid for ten years. In that case, divorce proceedings typically have no impact on the renewal process. When renewing a green card, an individual can simply file Form I-90. Being divorced at the time of filing an I-90, will probably not affect that application. There will be no questions on marital status.

Unlike an individual with a lawful permanent resident status, an individual with a conditional card status may face certain issues. If an immigrant has been married to their US spouse for less than two years, their green card is conditional. A conditional green card is valid for two years. During those two years, the US Citizenship and Immigration Services (USCIS) will ensure the marriage is genuine or bona fide, not just for immigration purposes.  

However, divorce won’t automatically terminate the validity of a conditional green card.


How to Divorce on a Conditional Immigration Status


US immigration law requires that spouses prove they are still married to lift the conditions on the green card. Typically, spouses must prove to USCIS that they entered the marriage in good faith. If the marriage lasted at least two years, a conditional residence can become permanent. As a permanent resident, an individual can divorce more easily.

Filing for divorce while an individual is still a conditional resident can be a bit more complicated. An immigrant can file for divorce and Form I-751 to lift the conditions even if the conditional green card’s expiration date is not near.

However, they will have to include a “waiver” request of the usual joint filing requirement. They must also prove their marriage before the divorce is bona fide. Evidence can include proof that spouses lived together, had a child, or had joint financial records. Spouses can also include a written statement explaining why the marriage ended.

In rare cases, an individual can apply to remove conditions if the spouses are separated but aren’t divorced. That can be done if one spouse refuses to grant a divorce to a conditional resident spouse. A conditional resident may be eligible for a permanent green card if an extreme hardship is proven.


What Should I Do After Realizing I Do Not Want to Be With My Current Spouse?


In cases like these, I need to speak to the client to evaluate their situation. Normally, even after filing for divorce, you would be eligible to apply for an I-751 waiver once the divorce is finalized. If your I-751 is already pending once your divorce is finalized, you will need to communicate that to USCIS, so they can change your joint petition to a waiver petition. If you remarry while your I-751 is pending, and file a new green card application, USCIS may deny it claiming you are already a green card holder. It is important to evaluate your specific situation to determine the best course of action for you.


Have More Questions? Call The Law Office of Tatiane M. Silva, P.A.


If you would like more information on getting divorced and then remarried as a conditional permanent resident or obtaining a green card through marriage, please contact the team of immigration attorneys at The Law Office of Tatiane M. Silva, P.A.

Our goal is to provide support and assistance tailored to your unique circumstances. We understand that immigration matters can be complex and overwhelming, especially when facing divorce and remarriage. That’s why we are dedicated to helping you navigate the legal process and ensure the most suitable outcome for your case.

Contact us today for a consultation with one of our experienced attorneys. We are here to help you through this challenging time and provide the guidance and knowledge needed to face any challenges from immigration authorities. Let us help you secure your future in the United States.


Frequently Asked Questions


Should I Submit a New Marriage Petition With My New Spouse?

It depends on where your I-751 process is. If you are still a green card holder through the previous marriage, USCIS might deny a new green card petition based on your current status.

What Are My Other Options?

You might consider submitting an early I-751 with a waiver request that would allow you to file the petition by yourself based on your divorce. This process would allow you to obtain a permanent resident card without going through another conditional resident status period.

However, if your I-751 petition is denied, you could find yourself in removal (or deportation) proceedings before you and your new spouse have had an opportunity to file your I-130 petition and green card application. Again, this is another reason why it would behoove you to hire a Miami immigration attorney to handle your case.

What If My Ex-Spouse Refuses to Sign the Joint Petition?

If your divorce is final, your former spouse does not need to sign the petition.

Can I Get a Waiver If My Ex-Spouse Has Passed Away?

Yes, in the unfortunate event that your previous spouse has passed away before filing a joint petition with you, you may be able to file a waiver based on the death of your spouse. You must provide evidence of your marriage and that it was bona fide at the time of your spouse’s passing.

Do I Need an Immigration Lawyer for My Divorce and Green Card Process?

While hiring an immigration lawyer for divorce or green card processing is not a legal requirement, it is highly recommended. An experienced immigration lawyer can navigate the complex legal system and ensure all necessary documents and evidence are correctly submitted to immigration authorities. They can also provide support and guidance throughout the process, ensuring your rights are protected and helping you achieve the best possible outcome for your case.