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What Happens If Your Marriage Falls Apart Before You Remove Conditions on Your Green Card?

October 24, 2025
Best Green card lawyer New York
Conditional Green Card

As an immigration lawyer with experience assisting recent immigrants, I understand how stressful it can be when a marriage ends, and you hold a conditional green card based on that marriage. If you received your green card through marriage to a U.S. citizen or lawful permanent resident and your marriage is less than two years old at the time your status was granted, you hold a conditional green card. Under U.S. immigration law you must take steps to convert it into a “10-year” permanent resident card — that step is filing Form I‑751, Petition to Remove Conditions on Residence, within the proper time-window.

But what happens if your marriage falls apart before you file that petition (or while it’s pending)? Let’s break it down clearly, so you know your rights, your options, and most importantly what you should do now.

1. Why you received a conditional green card

When the marriage to the U.S. citizen or lawful permanent resident was less than two years old at the time your green card was approved, the U.S. Citizenship and Immigration Services (USCIS) grants conditional permanent resident status. This is a 2-year card which requires removal of conditions.

That conditional status exists to prevent fraudulent marriages entered into purely for immigration benefits. Once the two-year anniversary of your conditional residency date approaches, you must file Form I-751 in the 90-day window prior to expiration.

2. What happens if the marriage ends before you file, or while you file

If your marriage ends — because of separation, divorce, or annulment — before you file your I-751 (or while the I-751 is pending), you do not automatically lose your green card. But the process is more complicated. Several things matter: your timing, your proof that the marriage was entered into in good faith, the stage of divorce, whether abuse was involved, and whether your spouse will cooperate. Legal sources confirm: yes, you can file for removal of conditions via a waiver of the joint filing requirement, if you no longer can file jointly because your marriage ended.

Key facts:

  • If you are still married and able to file jointly with your spouse: you file I-751 together.
  • If the marriage ended (divorce/annulment), you may file on your own and request a waiver of the joint filing requirement (because of divorce). If the marriage ended because of abuse (domestic violence), you may also file on your own under the “good faith marriage but abuse” waiver.

If your spouse died, there is a separate waiver path.

If you miss the 90-day window and did not file, you face serious risk of denial. But this rule applies for jointly filed petitions only.

3. The burden on you when filing after divorce or separation

When you file alone because your marriage ended, USCIS will look especially carefully at whether your marriage was genuine (entered into in good faith), and whether your petition is timely. Some of the major risks and issues:

  • You must still show that at the time you obtained conditional status your marriage was real — even though it later ended. The fact of the divorce raises scrutiny. USCIS will expect you to provide the final divorce decree or annulment if the divorce is already final. If divorce is not yet final, a request for evidence (RFE) may ask for that as soon as it is final.
  • You must still file in the proper window, unless you are filing a waiver early (in some cases you can file before the 90-day window if you qualify for a waiver). Because the spouse is no longer cooperating (or is divorced), you cannot rely on the joint filing; you must file under the appropriate waiver box and supply evidence such as joint financial records, shared residence, affidavits of friends/family, etc, showing the bona fide nature of the marriage.
  • If your divorce is not yet final, USCIS may issue a Request for Evidence (RFE) asking for the final divorce decree later. It’s important to respond on time and to explain your situation clearly.

4. What You Should Do Immediately If Your Marriage Is Ending

Here are practical steps to protect your green card and avoid losing your status:

  1. Identify your filing window.
    Check the “Resident Since” date on your green card and calculate the 90-day filing window before the card expires. Missing this deadline can lead to serious problems.
  2. Collect evidence early.
    Even though the relationship ended, gather as much documentation as possible showing the marriage was genuine. Evidence from the time you lived together is most persuasive.
  3. Get your divorce finalized (if applicable).
    If your divorce is still pending, consider expediting it. USCIS generally requires a final divorce decree for the waiver filing.
  4. File under the correct waiver basis.
    Choose the waiver reason that applies best — divorce, abuse, or extreme hardship. This determines the type of documentation and legal arguments you’ll use.
  5. File on time and correctly.
    Send the current version of Form I-751 with the correct fee, your detailed explanation, and supporting evidence. Keep copies of everything for your records.
  6. Keep your receipt notice safe.
    Once USCIS receives your petition, it issues a receipt extending your green card status — usually by 48 months — while the case is pending.
  7. Stay proactive.
    If USCIS asks for more documents, respond quickly. If an interview is scheduled, be prepared to explain your marriage and the reasons it ended.
  8. Consult an immigration lawyer.
    A qualified attorney can help you prepare a strong waiver filing, organize your evidence, and avoid costly errors.

5. What to Expect After Filing

If approved:
You’ll receive a 10-year green card. Your conditions are permanently removed, and you remain a lawful permanent resident.

If denied:
USCIS may refer your case to immigration court. You will still have a chance to present your case before an immigration judge, but this process can be lengthy and stressful. A well-prepared initial filing reduces that risk.

If interviewed:
Many waiver cases require an in-person interview. Be honest and clear about your relationship history, why it ended, and your life together before separation. Bring original documents and organized copies.

6. Common Questions

Q: Does divorce automatically cancel my conditional green card?
A: No. Your green card does not automatically disappear after divorce. You must, however, file a waiver-based I-751 to keep your status valid.

Q: Can I file before my 90-day window if I’m already divorced?
A: Yes. Waiver-based petitions can be filed at any time after you become a conditional resident — even before the 90-day window opens.

Q: What if my spouse refuses to sign or help?
A: You can still file independently using a waiver. The joint signature is not required once the marriage ends.

Q: Can I travel while my I-751 is pending?
A: Generally yes, but carry your expired green card and your receipt notice, which extends your lawful status. If your case is complicated, consult your attorney before traveling.

7. How to Strengthen a Divorce-Based I-751 Waiver Case

  • Write a detailed personal statement describing how you met, lived together, and why the relationship ended.
  • Include third-party affidavits from people who personally knew you as a married couple.
  • Organize documents chronologically to make it easy for USCIS to follow your story.
  • Submit clear copies and translations of all foreign documents.
  • Keep USCIS informed of your address changes within 10 days of moving.

8. Why Legal Guidance Matters

Filing I-751 after a marriage ends involves both immigration law and family law issues. A divorce decree must meet USCIS requirements, and your waiver statement must align with immigration definitions of a “good-faith marriage.” Errors or missing evidence can lead to denial and removal proceedings.

An experienced immigration lawyer can:

  • Analyze your eligibility for each waiver option.
  • Help you organize evidence to show your marriage was genuine.
  • Draft a persuasive legal argument and affidavit.
  • Represent you in case of interview or court referral.

9. Final Thoughts

Divorce can feel like the end of everything, especially when your immigration status depends on your marriage. But U.S. law recognizes that genuine relationships sometimes fail — and you can still keep your green card if you handle the process properly.

The most important steps are:

  • Act quickly,
  • File the correct form,
  • Provide strong evidence, and
  • Seek professional legal help when needed.

With careful preparation and good legal guidance, you can protect your residency and stay on track toward U.S. citizenship.

Contact Information

If your marriage has ended and you’re unsure how to remove conditions from your green card, I can help.

Alena Shautsova, Esq.
New York Immigration Lawyer
Phone: 917-885-2261
Website: www.shautsova.com

I’ve helped hundreds of clients successfully navigate I-751 divorce waiver cases and keep their lawful status. Schedule a consultation today to discuss your next steps and secure your future in the United States.

How To Expedite Travel Documents

October 2, 2023

Author: New York Russian Speaking Immigration lawyer Alena Shautsova

If you are not a US citizen yet, you most likely have certain anxiety attached to possible international travel: you may be worried about being allowed to enter the US upon return, or if you can even qualify for travel documents, or if you will be able to return to the US after a prolonged stay abroad.

These are all common questions asked by both green card holders and those for whom the laws of the US allow to apply for a travel permit while they are in the process of receiving a status. For example, people granted asylum or a refugee status in the US can travel abroad only using an asylee/refugee travel document; persons in TPS status, adjustment of status pending, T status, or DACA may request advance parole which will allow them to return upon temporary travel abroad; persons with green cards who may stay abroad for longer than 6 months would want to file for a re-entry permit to avoid issues at the border.

 Almost all travel documents such as advance parole, re-entry permit, and refugee/asylee travel documents are filed for using form I 131 found at www.usics.gov. It is the same form that is used by different applicants for different purposes. The filing fee for the form will depend on the purpose or the type of travel authorization one is requesting. For example, today, for an advance parole one will have to pay $575, for a refugee travel document most applicants will pay $220, and for a re-entry permit: $660.

Typically, form I 131 is filed with USCIS by mail, and processing times vary upon the type of the document requested, and vary from 3.5 months to 6-9 months. But what if your need to travel is quite urgent and you cannot wait for such a long time? Then, depending on the type of document you request and the circumstances, you may request that USCIS expedite the issuance of travel documents.

There are two ways one can go about it. If your application with USCIS  had been filed already, and the travel needs from less urgent turned into very urgent, you can submit and expedite the request with USCIS asking to process the already filed application. Your request will have to comply with the expedited guidelines that can be found here: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.

You will have to demonstrate that failure to process the document fast will result in:

·       Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:

o   Timely file the benefit request, or

o   Timely respond to any requests for additional evidence;

  • Emergencies and urgent humanitarian reasons;
  • Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;
  • U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or
  • Clear USCIS error.

If USCIS agrees with you, your document will be issued pretty quickly, but still, it will take about 30 days to get processed!

But, there is a different way as well. What if the need to travel appeared within the past 48 hours due to some sort of emergency? Then (and it is true, especially for advance paroles), you may request that your travel document be issued to you in person at a local USCIS field office. For that, you first have to request an appointment at a local USCIS field office either by calling USCIS customer service number or using the online scheduling tool: https://my.uscis.gov/en/appointment/v2. If your request for the appointment is confirmed, you will have to appear at the local USCIS office with your filing fee, filled out form I 131, proof of emergency, a copy of your ID, passport, and 2 passport-style photos, as well as proof of your eligibility to seek advance parole (a copy of receipt for pending I 485 form, affirmative asylum, or having a DACA or TPS status for example). A local USCIS officer will decide if your request warrants merit, and if agrees with you, you will receive advance parole on that very day. 

IMMIGRANTS NUMBERING THOUSANDS CAN BE DETAINED INDEFINITELY ACCORDING TO THE SUPREME COURT’S RULINGS

June 22, 2022

IMMIGRANTS NUMBERING THOUSANDS CAN BE DETAINED INDEFINITELY ACCORDING TO THE SUPREME COURT’S RULINGS

Author: New York Immigration Lawyer Alena Shautsova

As the issue of immigration in the U.S. seems to be a never-ending rigmarole subject, new developments are expected at every turn. Most recently, the Supreme Court ruled that immigrants detained in the United States are not entitled to a bond hearing in certain situations. This ruling means that the thousands of immigrants currently held in detention facilities with open immigration cases can remain in detention indefinitely! It does not apply to all immigrants, but rather to those who already have orders of removal, but cannot depart or have additional hearings that must be conducted.

In addition to the Supreme Court’s ruling, the high court also ruled that federal courts do not possess the legal authority to grant class-wide relief to immigrants held in detention. This means that, if detainees want to petition their right to a bond hearing in the future, they can only present their cases individually. This is coupled with the fact that immigrants are not allowed to have legal representation during immigration proceedings.

The ruling of the Supreme Court seems to maintain the existing state of affairs as it concerns the issue of immigration. Many immigrants are currently detained in facilities that are more like prisons. Many immigrants have not been charged with any crime but do not possess the right to a hearing to justify their detention. Some of the immigrants are held in facilities belonging to for-profit corporations such as Geo Group and a host of others. The Court ruling also maintains that immigrants can’t have a bond hearing unless the U.S. government says so. This means that the U.S. government has the discretionary right to decide the fate of detainees. In other words, it will be up to DHS/ICE if the person is released from the detention or not, and if ICE/DHS does not want to release the person, they can keep them there technically, forever.

These  rulings dashes the hopes of immigrants who have been held long enough in detention. The cases which are Johnson v. Arteaga-Martinez and Garland v. Aleman Gonzalez were brought to court by undocumented immigrants who contested they are being held in detention centers for far too long. Their argument was focused on the fact that immigrants who have been held in detention for up to six months or more should be entitled to an individualized bond hearing where the U.S. government has to prove the need for their continued detention.

The immigrants sued the U.S. government while leveraging on a 1996 immigration statute which states that an unauthorized immigrant “may” remain in detention for an extended period if they fail to meet certain criteria. The immigrants argued that since the statute uses “may be detained” instead of “shall be detained,” the right of discretion rests with the judges, hence entitling them to a hearing. The case was further appealed to the Supreme Court where representatives of the Biden administration argued that the law permits the Attorney General of the United States to indefinitely detain illegal immigrants while their cases are undergoing litigation.

Before the Supreme Court’s ruling, the Ninth Circuit Court of Appeals ruled in 2020 that detainees are entitled to a bond hearing. Since the Garland case was presented as a class-action lawsuit, the Ninth Circuit Court of Appeals granted a class-wide relief, thereby extending the right to a bond hearing to every person named in the suit.

However, the Supreme Court countered this ruling declaring that detainees are not entitled to such a bond hearing, hence a class-wide relief can’t be granted on that basis. Therefore anybody who wishes to exercise their right to a bond hearing in whatever form has to do it individually.

Certain observers feel that it is a bit unfair not to grant unauthorized immigrants the right to legal representation, whereas criminals in the U.S. are allowed legal representation. “Especially since their only offense is that they are in search of greener pastures,” according to an observer. Leah Litman, a professor at the University of Michigan Law School filed a brief in support of Gonzalez. She holds the opinion that the decision of the Supreme Court is completely unworkable and unrealistic. Furthermore, she asserted, “It makes it impossible to ensure that everyone who is potentially entitled to a bond hearing will get one.”

Aside from being denied a desired fair hearing, immigrants and advocates have since raised an alarm concerning the manner of treatment meted out to immigrants at the detention centers. Several facilities have been accused of abusing detainees. The Irwin County Detention Centre was shut down alongside another in May 2021. A gynecologist was accused of carrying out forced sterilization on the detained women at the Irwin Center.

Matt Adams, the legal director of the Northwest Immigrant Rights Project who argued the Garland case opines that the decision of the Court raises ethical questions. This is a result of the fact that the ruling contradicts the fundamental principles upon which the U.S system is founded- “that government officials may not lock up a person without at least providing them their day in court to contest whether their confinement is justified.” Although he gives reassurance that the matter will still be pursued as it is not over yet.

Border security, backlogged courts and the political divide over immigration

May 27, 2022

Border security, backlogged courts and the political divide over immigration

Author: New York Immigration Lawyer Alena Shautsova

Since the end of the fiscal year 2021, the number of people who stopped trying to cross the southwest  of the United States border has not gone down. People fleeing the consequences of the failed governments in their home countries, climate change and aggressive and uncontrollable gangs. The Trump administration tried to stop the migration by proposing to build a physical barrier and involving Title 42- legal barrier to immigration. The Biden administration rejected the idea of a physical barrier, but continued with the legal barrier, trying to find solutions that would be acceptable for both democrats and republicans. It happened that the “border security” argument became the main point of discussion when both sides are trying to address the much needed immigration reform in the United States.

Undocumented non-citizens

Thousands of undocumented immigrants live in the U.S. Many entered the United States without inspection through the “border”, many overstayed their visas but initially entered “legally”. Some were ordered deported or removed on paper but have never been physically removed from the United States. The issue becomes not only an administrative law issue, but an issue of Human Rights: because of the years- long delays in the processing of the migrants’ cases, undocumented non-citizens often develop deep social and economic ties with the United States, and their physical removal can occur decades after their initial entry becomes more akin to criminal punishment in its consequences rather than administrative citation. When addressing the “security” at the border, one can successfully argue that a physical barrier, can slow down the migration to some extent, but will not and cannot resolve the problem. The problem of global migration can be resolved only through an effective processing system of the non-citizens, and creation of favorable conditions in their home countries, where the need to move and uproot your family would not exist in the first place.

These are hard goals to accomplish, as they require talent, resources, effective management, and dedication. One would have to carefully balance the due process rights of non-citizens, human rights laws, and government interests in establishing procedures that would be effective and fair.  We can all remember draconian measures of Trump administration where children, sometimes, only months-old young, were separated at the border from their parents, many of those children were never united with their parents ever again. https://www.nytimes.com/2020/10/21/us/migrant-children-separated.html. At the same time,  Biden’s administration’s policy to allow non-citizens to entered the United States and then wait for months for their Notices to appear in court, also is not a good solution: the persons were placed in a limbo status where the document that has to initiate the court proceedings against them in a court would not be filed with the court for months and months, preventing persons to present their cases and obtain relief for those who qualify.  It seems such a policy was installed to allow the courts to artificially reduce the amount of pending cases, reporting a smaller backlog…  But it is obvious that without hiring more Immigration judges, border security personnel, and asylum officers, the backlog will not and cannot be eliminated. Cases of non-citizens require human review, they cannot be rubber-stamped by a computer, and human review requires humans, it means MORE personnel. The questions become ones of resources rather than morals.

Why There is No Immigration Reform?

Many can remember promises Biden made during the elections… the US Citizenship Act of 2021 sounded too good to be true… and of course, it never, to date materialized. But why? The obvious answer would be that the parties cannot agree on the terms of the proposals. But if you read the proposals from both sides, at times, they are not so different. So, what is really in the way of passing Immigration reform? Some say it is an issue of border security… However, it is obvious that the “border security” is only one side of the many-sided shape of the Immigrant land shaft we are dealing with. What about people who have been in the United States for decades and paid taxes, and do not have any criminal convictions. Still, even for those people, who are essential workers, TPS holders, seasonal farmers or DACA holders still, there is no relief…. At the time, the Congress can approve in a matter of hours spending bills and surpass any relief necessary to let’s say small businesses in the United States. The logical answer to this question is that neither side wants to pass a bill that would solve an immigration issue in the United States. Perhaps, some believe that administrative violators should not be awarded, some cite economic consequences and labor market collapse in case migrants who are already in the United States, are employed and will receive an official authorization to work and pay taxes… (does not make any sense, but the argument still pops up). Perhaps, the true reason would be that the situation is comfortable for those who have never felt the burden of being a reject, a “half” citizen, who works for people with voting rights and serves them well, but those with the power to change their fellow-non-documented residents fate are reluctant to do so in fear of losing some advantages…

So if this is the true answer, do you believe that a true, comprehensive reform is ever possible? What has to change for it to happen? The author believes that it is possible, but only when the need for it will outweigh the benefits of non-action. Without advocacy, true dedication to reform the society, implement innovations, and spend money on internal issues, the Immigration reform will not happen. Underfunded courts cannot be effective. USCIS, Asylum and border security personnel need salaries and training. Perhaps, the root of the issues lies in the constant ignoring of needs in the administrative sector on a Federal and local level.  

USCIS Processing Times, Immigration Court Updates and More!

January 18, 2022

NYC Immigration Lawyer Alena Shautsova shares the most recent updates regarding USCIS real processing times for I 765, I 485, N 400 and I 601A; discusses the most recent Immigration news and practices.

US Immigration News Updates

August 4, 2021

Alena Shautsova, New York Immigration lawyer shares the most recent Immigration news.

Recent Immigration news: DACA’s new applications hold, COVID entry restrictions, essential workers reform plans and progress, and more.

Biden Administration Reveals Immigration Blueprint

July 29, 2021

Biden Administration Reveals Immigration Blueprint

Author: NYC Immigration Lawyer Alena Shautsova

On July 27, 2021 Biden Administration published Immigration Blueprint or a comprehensive plan that includes steps to reform the United States Immigration System. The plan addresses the most troublesome areas of the US Immigration including border security and asylum, Immigration court and access to representation in immigration proceedings, visa backlog, and more. The published Blueprint can be accessed at www.whitehouse.gov.

In this video I share my thoughts on the Blueprint, and provide more explanations on the issue:

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Immigration News: DACA Is Ordered Illegal By a Federal Judge

July 23, 2021

Author: NYC Immigration Lawyer Alena Shautsova

DACA or Deferred Action for Childhood Arrivals has helped hundreds of thousands of kids who were brought to the United States to be protected from deportation and receive at least a work permit. It was first announced by President Obama in 2012, and ever since has been a target of political wars between pro and against immigrant forces. DACA was able to withstand various attacks until recently when a Texas federal judge ordered the program to be illegal. Judge Hanen stated that President Obama did exceed his authority to protect kids from deportation, and ordered that the Department of Homeland Security stops approving new DACA applications… Judge Hanen’s decision left many in frustration and dismay: thousands of kids and now young adults lost all hopes for “legalization.” With their future in the US uncertain, all hopes turned to the Senate. The vote in the Senate may help to pass American Dream and Promise Act which provided status to those who are DACA eligible and other young adults… See our proposed reform summaries here: https://www.russianspeakinglawyerny.com/immigration-reform-updates-when-will-it-happen/.

For now, all those who are currently holding DACA status remain eligible for renewals, including employment authorizations and advance paroles, but no new applications can be approved. However, those filing for the first time may file their applications with USCIS, but the applications will not be approved until Judge Hanon’s decision is changed or appealed.

Watch our video and explanation on the most recent DACA news:

Breaking Immigration News: Administrative Closure Is Back!

July 16, 2021

Author: New York Immigration Lawyer Alena Shautsova

Today, July 15, 2021, the Biden Administration overturned Trump’s Attorney General’s decision in Matter of Castro‑Tum, 27 I&N Dec. 271 (A.G. 2018) and returned administrative closure to the US Immigration courts.

The significance of the decision cannot be overstated: for years since Castro-Tum, immigration Judges were deprived of the ability to control their dockets and postpone cases where respondents were waiting for interim reliefs.

Administrative closure will allow resolving the US Immigration court backlog, and will be helpful to those who either cannot have relief from removal, or have to wait for USCIS to adjudicate underlying petitions.

Watch more:

BREAKING NEWS