Can I Remove Conditions From My Green Card if I Got Divorced?

16 Dec 2017

“I married my wife after the K1 Visa, already have a green card, but now after a year we’re divorced, live in different states, can I remove the conditions on my green card?”

Okay. Little background for those who know. When you come here on a Fiance Visa you’re gonna get a conditional green card, but it says already has a green card. So you’re gonna get a conditional green card. It expires in two years. Anytime you get a green card based on marriage and that marriage is not at least two years old when you applied for that green card, you’re gonna get what’s called a conditional green card, which means it has all the same power and use of a regular green card, it just has a two year expiration date instead of a 10 year. All other green cards have a 10 year expiration date right, and you renew it every 10 years.

A conditional green card expires in two years and it’s a little different than a standard green card renewal in that you have to prove once again that that was a legitimate marriage. So back to your question was what if we got divorced, can I now remove those conditions? The short answer is yes. The long answer is you’re gonna have a little more work to do that yes, this was legit, it was sincere, it’s just the marriage didn’t work out, and we divorced in less than two years, before my green card expired. We divorced, and now I would like to remove conditions.

So it’s absolutely possible. In fact, it’s somewhat common I wanna say. So lots of people have successfully done it. You will just have to convince them that you did get married, you did co-habitat, you did live together, you did really make a genuine effort, it was a genuine relationship, you really tried it, but for whatever reason it just didn’t work out.

If your marriage was in good shape at the time of filing for removal of conditions, and during the waiting period, you end up needing a divorce, it’s still possible to remove conditions. See here.

Now, where it’s a little easier for you, if there was abuse, which happens unfortunately, and I don’t read that in your question so I don’t want to imply, but just for anybody else who might be listening. If you came here and you were abused by your US citizen or green card spouse and you have records of that, that is very good information to say, “Hey look. We tried, but he was abusive, and here’s a couple police records where the police came out or here’s a documentation from a clinic where I had to get treatment for some abuse.” These are things you wanna add.

A complicated situation, you really need to reach out and ask for help on it. But the answer is yes, absolutely, it can be done.


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