If you received a conditional green card through marriage and later divorced before filing Form I-751, you can still keep your green card—but you must apply with a waiver of the joint filing requirement. USCIS allows certain waivers that reflect the realities of many relationships, including divorce or annulment.
🧾 What Is the I-751 Waiver?
Normally, you must file Form I-751 jointly with your U.S. spouse. If that’s not possible due to a divorce, you can file a waiver by selecting the appropriate box on the form:
✔ “I entered the marriage in good faith, but the marriage ended through divorce or annulment.”
This means you’re asking USCIS to remove conditions based solely on your good faith marriage, even though it ended.
📌 Eligibility Requirements
To qualify for this waiver, you must show:
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The marriage was entered into in good faith, not for immigration benefits
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The marriage has legally ended (provide final divorce decree)
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You are not otherwise removable for fraud
📂 What Evidence to Submit
Strong evidence will make or break your waiver petition. Include:
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Final divorce or annulment decree
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Proof of a bona fide marriage (photos, joint bank statements, joint leases, etc.)
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Affidavits from friends/family attesting to the relationship
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Timeline of your relationship, from dating to divorce
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Any proof of counseling, therapy, or attempts to reconcile (optional)
🕒 When to File
You can file Form I-751:
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Before the expiration of your green card, or
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Any time after divorce, even if the green card already expired (but you may risk removal if too late)
🔍 What Happens After Filing?
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You will receive a receipt notice extending your green card for 48 months
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Biometrics appointment will be scheduled
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An interview may be required—especially for waiver cases
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USCIS will issue a decision or request more evidence
❗ Important Tips
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Don’t wait for your divorce to finalize if your green card is about to expire—you may file with proof the divorce is in progress and later supplement
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Do not lie or misrepresent your relationship—this can lead to denial and deportation
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Keep copies of everything you submit