Website Q & A - November 30, 2007

Applying for Removal of the Conditional Basis of Permanent Residence (I-751) Through Joint Filing Where There is No Divorce

Dear Mr. Lee,

I got my temporary green card through marriage with my husband. We have a child who is now 2 years old. My conditional green card will expire in two months. Unfortunately we are now separated even though it is not the legal separation and thinking about divorce. My husband is living in another state, but promises that he will support me in getting my permanent green card. What should I do at this time?

Dear reader:

The best situation if you had more time and were serious about divorce would be for you to obtain a divorce and file the I-751 application to remove the conditional basis of your residence status based on the divorce but having had a bonafide marriage. In your present situation of having an unsettled marriage, separation, and little time, you are nevertheless still allowed to file a joint petition if your husband is willing to sign the petition. There appears to be no question as to the bonafide nature of your relationship. If you take the latter course and divorce before a decision is made on your application to remove the conditional basis of your residence, you must inform the U.S.C.I.S. of your changed circumstances and file a new application based upon your being divorced but having had a bonafide marriage.


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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.