The Waiver of Joint Filing Requirement to Remove the Conditions on Green Card

Question:

I am in a conditional permanent resident status after married a U.S. citizen husband. Now with the troubled marriage, I am in a procedure of divorce, and the divorce process will be finalized within 3 months. Can I remove the conditions on my residency without my husband to sign the form?

Answer:

The conditional permanent resident status is given to individuals who receive U.S. permanent residence (Green Card) status via a recent marriage to a U.S. citizen. If a marriage has been less than two years in duration at the time U.S. permanent residence is granted, the status of the foreign national spouse then is "conditional." USCIS Form I-751 is used to remove the conditions on residency.

The condition is that it expires within two years, unless the Form I-751 is filed at the appropriate time, to request that the conditions be removed. If the Form I-751 application is approved, the foreign national spouse becomes a U.S. permanent resident without any conditions. The conditional status is an anti-fraud measure, and is necessary to provide updated proof of a real marriage in support of the I-751 form.

This form can be filed jointly, with both husband and wife signing the form;

Alternatively, it is possible to request a waiver of the joint filing requirement, if the marriage was entered into in good faith, but was subsequently terminated;

It is also possible to obtain a waiver of the joint filing requirement, if the marriage was entered into in good faith, but there was abuse;

It is also possible to request a waiver of the joint filing requirement, if removal of the foreign national spouse would result in extreme hardship.