If you received your permanent residency through your spouse’s sponsorship, you may have a two-year green card. This is especially true if you married your spouse fewer than three years before you applied for it. It also means you must petition to remove the conditions on your residency before your status expires.
The purpose of filing a petition to remove the conditions on residency is to further convince immigration authorities you are in a bona fide marriage. If you have divorced your spouse, you may wonder if it is even possible to remove the conditions on your residency.
No joint petition
Typically, to remove the conditions on residency, both spouses sign the petition. If you have divorced your spouse, though, that simply may not be possible. Luckily, you can file the paperwork on your own, provided you have evidence to request a waiver of the joint-filing requirement.
When you file to remove the conditions on your residency, you must submit a waiver of the joint-filing requirement. The U.S. Citizenship and Immigration Services is likely to approve your waiver, provided one of the following statements is true:
- You can prove you were in a good faith marriage.
- You can prove your ex-spouse was abusive.
- You can prove your removal from the U.S. would cause you to suffer extreme hardship.
The filing deadline
According to the USCIS, failing to file a request to remove the conditions on your residency puts you out of status and renders you deportable from the country. You can file your petition and waiver request at any time before you receive a removal order, however.
Ultimately, though, it probably makes a great deal of sense to submit your petition before your conditional green card expires or as soon as your divorce becomes final, whichever is first.