Under certain circumstances, you may file for a I-751 without your spouse. In that case, you should file a I-751 waiver, essentially asking the immigration (USCIS) to waive the joint filing requirement because of some unique circumstances such as abuse, or extreme hardship.
Can I file I-751 without spouse?
You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.
Can I file for green card without my spouse?
Typically, you are required to file Form I-751 jointly with the spouse through whom you obtained conditional status. … However, it is possible to file this form and become 10-year green card holder without the help of your spouse. You may apply for a waiver for the joint filing requirement if: Your spouse is deceased; or.
Can my wife cancel my conditional green card?
The long and the short of it is that conditional Green Card has to be renewed before the two years are up. You have to get those conditions removed and if the U.S. citizen spouse is not going to participate in that part of the process it’s going to be very difficult to get those conditions removed.
Can someone get deported if green card not processed if married to US citizen?
Contrary to popular opinion, marriage to a US citizen does not preclude someone from being deported. … If you have married a US citizen or green card holder, you should meet with an immigration attorney to discuss the path towards permanent residency and naturalization.
How do I take my husband off my green card?
To remove the conditions on a green card based on marriage, you must file Form I-751, Petition to Remove the Conditions of Residence. To remove conditions on a green card for entrepreneurs, you must file Form I-829, Petition by Entrepreneur to Remove Conditions.
What documents do I need to remove conditions on green card?
To remove conditional status, the green card holder and his or her spouse, must file Form I-751, Petition to Remove Conditions on Residence, within 90 days of the expiration of permanent residence, i.e., within 90 days before the second anniversary of when the green card was issued.
How long does it take to remove conditions on green card 2021?
HOW LONG DOES IT TAKE TO REMOVE CONDITIONS ON RESIDENCE? After filing the Petition to Remove Conditions on Residence, your I-751 processing time can take anywhere from 12 to 18 months.
Is there an interview to remove conditions on green card?
USCIS requires couples to attend an interview when removing conditions on residence. … With plenty of good evidence and a well-prepared Form I-751, USCIS may waive the interview and approve the I-751 petition more quickly.
Can I apply for citizenship before removal of conditions?
In general, USCIS requires that an applicant for naturalization must have an approved petition to remove conditions before an officer adjudicates the naturalization application.
Can I divorce on conditional green card?
Divorce and a Conditional Green Card
In order to lift the conditions after two years, you need to prove that you and your partner are still married. Therefore, divorce when you hold a conditional green card can cause issues. … You will also need to include a detailed written statement explaining why your marriage ended.
What happens if you get divorce before conditional green card?
If at any point a divorce occurs before the approval of an application for a green card, the immigration process stops. The divorce dissolves the relationship that made the spouse eligible. This is true even if USCIS already approved the immigrant petition.
How do I remove my green card conditions after divorce?
In order to remove the conditions on residence and obtain a permanent green card, you will have to submit Form I-751 – Petition to Remove the Conditions of Residence. In most cases, this Form must be signed by you and your spouse, who is a US citizen or green cardholder. This is known as joint filling.
Does the 2 years of conditional green card count towards citizenship?
As long as you become a permanent resident at the end of your conditional residence period, your two years as a conditional resident will count toward the waiting period for citizenship.
When can you apply for removal of conditions?
A conditional permanent resident receives a Green Card valid for two years. To remove the conditions on your permanent resident status, you must file a petition within the 90-day period before your conditional Green Card expires. Use our Filing Calculator to determine your 90-day filing date.
Can I stay on green card forever?
Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.