I-751 Removal of Conditions

My Marriage Fell Apart, What is Going to Happen to Me?

Marriage is a union between two individuals. It is a promise made between two people to take care of each other until their dying breath. Marriage works in theory but the reality of the situation is that sometimes what started out as a genuine affection turns into something else. The truth is that sometimes marriages just don’t work out. In normal circumstances when a marriage falls apart, the couples file for divorce and go their separate ways. But what happens if one of the spouses is a conditional green card holder? This area of immigration law is very complex and shaped by case law on a regular basis which is why an immigration or visa lawyer may be necessary.

Ideally, if you received a green card through marriage to a United States Citizen and the marriage was less than two years old at the time of filing then certain conditions will apply. First of all, the foreign national applicant will only receive a two year conditional green card at the end of which the green card would expire. This condition was created to weed out marriage fraud. The theory behind it was that if your marriage is genuine it will last for the entire two years and if it was not the marriage would fail. Secondly, any foreign national who holds a conditional green card is required to file a joint petition to remove the conditions within 90 days of the two year marriage anniversary. If the couple is together, the joint application is submitted along with supporting documentation and it is normally approved based solely on the submitted paperwork.

Although many couples file joint petitions, sometimes the marriages that were genuine at first fall apart within two years. U.S. immigration policy makers understand that sometimes thing happen and have allowed foreign nationals file for removal of conditions on their own. The immigration system has adjudicated and approved many cases where the marriages were entered into in good faith but due to some circumstances they did not last. If a joint petition is not possible due to death, divorce or separation, the foreign national can file for a waiver of the requirement to file a joint petition to remove conditions. The foreign national has to prove that although the marriage was entered into in good faith it has now ended. Timing is very important when it comes to removal of condition cases. When you file is just as important as what you file.

Foreign nationals who will need to file a waiver of the joint petition requirement should speak to an experienced U.S. visa lawyer. A qualified immigration attorney will sit down with you and discuss all of your options. Misunderstanding the timing and procedures involved can lead to the denial of your application and the initiation of removal proceedings against you. Please remember that policy and case law in this area of immigration law is constantly changing so having an attorney in your corner can be very helpful.

Visa Lawyer Group provides individuals with expertise in immigration and visa laws. Our immigration and U.S. visa lawyers will help you process your I-751 Removal of Conditions so that you can stay in the U.S. even if your marriage did not work out. You can contact us at (845)-353-3500 or info@visalawyergroup.com. You can also schedule a free consulation or chat online with one of our lawyers by clicking on the chat button in the corner of the screen. Visa Lawyer Group has offices in New York so please visit our immigration and visa lawyers in our Nyack, New York and Manhattan, New York City offices.