To see our website filtered by an specific destination, select the country: You’re seing the content related to that we can help you with immigration journey. If you want to see a specific destination, immigration journey. If you want to see a different destination, click here

How to Remove Conditions on Resident Status if Marriage is Dissolved in 2 Years

By Michael Niren May 17, 2012 (Updated November 12, 2020) 3 min. read

While other spouses find it comfortable to file a joint petition in order to remove the conditions on one’s spouse Green Card, you could still be locked up in a situation where you feel it is too complicated to get your spouse to collaborate with you in filing your petition. An immigrant based on a family petition is given a 2-year conditional resident status upon entering the United States. The immigration law requires both spouses to jointly file a Form I-751, Petition to Remove Conditions on Residence, within 90 days prior to the second anniversary of a spouse’s admission to the United States.

Why Might This Happen?

Among the most common causes why some immigrant spouses are unsuccessful in meeting this requirement are legal separations, divorce, and annulment. In cases of marriage dissolutions during the 2 year period when an immigrant spouse is given a conditional resident status, it is very important to establish that the marriage was entered into in good faith and the alien spouse was not at fault for not being able to file a Joint Petition.

If the marriage is dissolved prior to the removal of conditions, the immigrant spouse will normally lose the permanent resident status and can be deported after a proper removal proceeding instituted against her has been finalized. As a general rule, divorce including annulment or any form of marriage severance terminates your conditional permanent resident status. The dissolution of your marriage will not make it totally impossible for you to become a permanent resident with no strings attached; it will only make the process more tedious this time.

If you are not the erring spouse of the qualifying marriage, you may apply for a waiver for the joint petition requirement based on the marriage you entered into in good faith.

In cases of extreme violent assault, you must prove in applying for a waiver that you were battered and made to suffer extreme cruelty by a US citizen or a permanent resident spouse during the existence of your marriage. When your marriage did not last for 2 years because of these grounds, you may apply for a waiver citing as grounds, extreme hardship if deported, termination of a marriage in good faith, and extreme violence resulting in battered spouse or child.

If a Divorce Ended Your Relationship

When a divorce has ended your relationship with a US citizen or a permanent resident spouse within 2 years, the termination of your permanent resident status will also apply to your child who acquired such status through your marital relations with the child’s US citizen or permanent resident father. Your next move is to apply for a waiver of the termination, which could be granted when you establish that the marriage was in good faith and was not entered into based on fraud in order to receive immigration benefits. You must also show that you are not at fault for failure to file a joint petition to remove conditions.

Divorce decree granted after you have been given unconditional permanent resident status will have no more effect except that it may delay your application for US citizenship through naturalization.

Why Legal Help for Family Disputes as a Resident is Important

Family disputes during the early stage of marriage may have an impact on your resident status as an alien spouse who obtained a conditional resident status based on a marital relationship. Once you see that divorce or any types of marriage dissolutions are imminent when you are still a conditional resident, it is best to speak to immigration lawyers who can help you prevent the marriage dissolution from creating adverse effects on your resident status.

Why Hire Us to Assist Your Marriage Case?

We recommend consulting with our experienced US immigration lawyers who have helped countless clients in a similar situation for over 15 years. We can help you too!

The first step towards a successful family sponsorship application is getting an assessment of your case. Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.

Belinda Maraj Avatar

Belinda Maraj

Our experience with the team at VisaPlace has been absolutely amazing. Special thank you to Nadia Bakhtiari whom we had the pleasure of partnering with. Nadia was attentive, empathetic, knowledgeable, professional, friendly and accessible. She provided guidance and kept us in the loop every step of the way. We were so impressed with the professionalism and exceptional client experience from VisaPlace that we partnered with them for both our PR application and our citizenship application. Thank you VisaPlace and thank you Nadia!

betty klassen Avatar

betty klassen

We were switched legal teams 3 times within our time there.( This was not our doing) We weren’t impressed at all with the service almost all the way through our experience. Our review would have been 1 star. The response time was awful. To get in contact with our attorney was so difficult. And not thorough. Almost at the end, when we were almost ready to file, we got switched again, but this time, we are thankful. The attorney we got then was Andrew Diamond. He is fantastic and the reason for the 5 star rating. This is his rating. He was phenomenal. Absolutely amazing and prompt with response time and very knowledgeable, thorough and so helpful. We couldn’t have asked for better. Thank you Andrew for all you did for us!

Arash Sorkhabi Avatar

Arash Sorkhabi

I’m satisfied with the expertise and professionalism with which my case was managed and handled. I wanted to take this opportunity to thank the firm for its support. Although it has been a long process time due to Covid, Nadia has always been one of the first people to guide me step by step through the path during this stressful and unprecedented time. I strongly recommend VisaPlace to anyone seeking legal counsel.

Sarb walia Avatar

Sarb walia

I am thrilled to share that , We have just got our Permanent residence status under humanitarian and compassionate category. It was great experience to get professional service from visaplace. All team members very knowledgeable, hard worker, polite and professional. Special thanks to Yasmeen Ali, who always guide me through out processs. Its not easy task to get positive output in HM Category. I am highly recommend visaplace for any kind of immigration needs.

Shannon Wilde Avatar

Shannon Wilde

Applying for my E2 Visa was so overwhelming for me. As soon as I engaged VisaPlace all that worry and stress was gone. They guided me through the entire process and set me up for success! I would 100% recommend using them for any of your Visa Needs.

Julia Rood Avatar

Julia Rood

I reached out to VisaPlace kind of on a whim, knowing that I needed to apply for permanent residency in order to stay with my spouse and our two cats. They were immediately and incredibly responsive, and almost instantly made me feel that I was dealing with professionals who cared about my case.

I reached out to them August last year, and today got the confirmation that my permanent residency has been approved. The people I worked with in VisaPlace stuck with me through the whole process, answering any questions and assuaging any fears that I had about the process, my application, or what I needed to do. Even when my anxiety made me snappy (I apologized immediately!) they handled my case and me with professionalism and compassion. Immigration is a stressful, scary process. I wanted professionals who knew the ins-and-outs so that I had the best chance of being able to come to Canada.

And now, I get to stay in Canada with my partner of nearly 10 years, and I couldn’t be happier. I would absolutely recommend this service to anyone who wants immigration help! A big thank you, especially, to Alejandra and Nadia for handling my case. I’m so lucky to have had your help!

Sanjida Prima Avatar

Sanjida Prima

Had a great experience working with the people at VisaPlace for a Permanent Residency application! The team I dealt with (Nadia B., Krisztina T., Mansi S.) was extremely knowledgeable, prompt and handled the case with care. I would definitely recommend their services to anyone in need!