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Removing Conditions on Your Green Card: What You Need to Know

If you received a 2-year conditional green card through marriage to a U.S. citizen, you’ll need to take the next step to secure your permanent residency. This step is called “removing conditions on residence”, and it’s done by filing Form I-751, Petition to Remove Conditions on Residence.

👉Let’s walk through what happens during the ordinary process to remove conditions on your green card, and what to do if you’ve gone through divorce or if your U.S. citizen spouse has passed away.

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Remove Conditions on Green Card: Joint Filing with Your Spouse

In most cases, couples file Form I-751 together during the 90-day window before the conditional green card expires. This is called a joint petition, and you must show:

• You entered into the marriage in good faith
• The marriage is ongoing and legitimate
• You’ve lived together and built a life as a married couple
• You provide evidence like: joint leases, bank accounts, tax returns, photos, and more

Once filed, USCIS may schedule a biometric appointment and possibly an interview to verify your documents. If everything checks out, your conditions are removed, and you’ll receive a 10-year green card.

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How Do I Remove Conditions on My Green Card if I am Divorced?

Life happens. Divorce, separation, or even the death of a spouse can complicate this process—but you may still qualify to remove conditions on your green card without your spouse.

✅ Filing with a Waiver Instead of Joint Petition

You may apply for a waiver of the joint filing requirement under any of these conditions:

1. You entered the marriage in good faith, but the marriage ended in divorce or annulment
2. You were abused or subjected to extreme cruelty by your U.S. spouse
3. Your U.S. citizen spouse has died
4. You would face extreme hardship if removed from the U.S.

Each of these waivers still requires strong evidence that your marriage was real and not entered into for immigration benefits.

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Remove Conditions on Green Card If Your Spouse Passed Away

If your spouse dies during the conditional period, you may file Form I-751 alone, with a request for a waiver. You’ll need:

• Marriage certificate
• Death certificate of your spouse
• Proof of good-faith marriage (similar to joint filing)

Even though it’s a sad and stressful time, USCIS recognizes this pathway and many waivers are approved when documentation is clear.

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What Happens After You File?

• USCIS issues a 48-month extension notice of your green card
• A biometric appointment is scheduled
• You may or may not be called for an interview
• USCIS will issue a 10-year green card if approved

Processing times can vary, so make sure you track your case online or ask your attorney for updates.

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Final Thoughts

Removing conditions on your green card is a critical step to permanent residency. Whether you’re still happily married, recently divorced, or grieving the loss of a spouse, there is a legal pathway forward. Don’t ignore this deadline—filing late can lead to removal proceedings.

At KVisaXpress, we help immigrants through every stage of the process, even in complex cases. Schedule a Prep Session to get clear guidance and peace of mind.

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