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What if I file for divorce with a marriage-based green card?

On Behalf of | Feb 11, 2022 | Family Law |

If you were admitted to the U.S. as a fiancé and then married your U.S. citizen fiancé, your status as a permanent resident is conditional. The condition must be removed for you to be allowed to stay in the country. However, what happens if you divorce your U.S. citizen spouse?

Divorce and conditional status

You are permitted to file to remove conditions on your permanent residence status if you married in good faith but ultimately divorced. To do so you will file Form I-751. There is a 90-day window in which you can file Form I-751. If you have children that received conditional permanent resident status at the same time or within 90 days of you, you may include them in your I-751. There is a filing fee that must be paid. If asked to provide additional information, such as your Permanent Resident Card, send copies not originals.

Tips for filing an I-751

The following are some tips for filing an I-751. Accuracy counts. An unsigned form will be rejected. Ensure you are using the most current version of the I-751. Fill out the form entirely. If handwriting out your answers on the form, write neatly and legibly using black ink. Do not use highlighters, “white-out” or tape on your I-751. Ensure you pay any accompanying fees. Finally, the application papers should be single-sided.

Divorce in any circumstances is a difficult time, but if you came to the U.S. as a fiancé you will want to take the necessary measures to ensure you can legally remain in the country. Filing an I-751 is one step you will need to take to remain in the U.S. as a permanent resident following your divorce.