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  1. #1
    Join Date
    Dec 2013
    Posts
    8

    Unhappy Removing Conditions from a Green Card After Divorce

    My wife received her conditional green card recently after having entered the U.S. via K-1 visa. Long story short, we can't seem to make our marriage work, and we can't stay in the marriage just to appease the USCIS's requirements for her eligibility. At the same time I don't want to have her deported since it is my fault I uprooted her life and had her come here. We did agree to divorce, and I understand that if we do divorce, she would then need to petition for a waiver and file I-751 ASAP. We have sufficient evidence to support that we married in good faith, so I'm not worried there... but my question is: we qualify for a Summary Dissolution which won't consider us legally divorced until 6 months after the court clerk accepts the documents, so am I supposed to file I-751 immediately after filing the Summary Dissolution OR 6 months later when the divorce becomes official?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Removing Conditions from a Green Card After Divorce

    The I-751 is filed by the conditional green card holder. It would be wise for her to work with an immigration lawyer, given that divorce after a short-term marriage is likely to raise a lot of questions. How far are you from the two year mark?

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