Talk To A Chicago Immigration Attorney
312-332-2550
What You Need to Know About Marriage-Based Green Cards and Divorce
Looking for A Specific Post? Search Below
If you are a foreign national who is getting married to an American citizen, you may be eligible to obtain a green card. However, for the first two years of your marriage, this green card will only confer conditional resident status. Indeed, near the end of the two-year conditional period, you, as a green card holder, are required to file an I-751 petition to have the conditions on your green card removed. As a general rule, your American citizen spouse must jointly file the I-751 petition with you.
However, unfortunately, it is a reality that not all marriage makes it to the two-year mark. If you are a green card holder who has (or is now considering getting) divorced before your I-751 petition has been approved, you need to speak to an experienced Chicago spouse/fiance visa attorney immediately. You will need to go through extra steps to preserve your right to lawfully live and work in the United States.
Obtaining an I-751 Divorce Waiver
If you are divorced, your American citizen ex-spouse can no longer file the I-751 petition with you, as is generally required by American immigration law. As such, you will need a waiver that permits you to forego this requirement. Fortunately, divorce waivers are available under the law. However, it must be noted, that obtaining an immigration divorce waiver is not easy. You will need to prove the following four things to American immigration officials:
- You have a valid conditional green card;
- You have copies of your divorce records;
- You have reliable evidence that proves you marriage was of ‘good faith’; and
- You have evidence showing that circumstances changed, which caused the divorce.
Immigration Officials are Worried About Marriage Fraud
If you get divorced before your conditional resident status period has ended, immigration officials will need to verify that you did not commit marriage fraud. Simply put, immigration-related marriage fraud occurs when someone gets married to an American citizen for the primary purposes of obtaining a green card, instead of for the purposes of furthering their relationship with their partner. Of course, getting divorced does not mean that your marriage was a fraud. The truth is that sometimes things change. However, you need to be prepared to receive heightened scrutiny from U.S. immigration officials.
Get Immigration Law Advice in Chicago, Illinois
At Kriezelman Burton & Associates, LLC, our dedicated Chicago immigration lawyers have extensive experience handling marriage-based green card cases, including those involving I-751 waivers. To get immediate assistance with your case, please call our team today at (312) 332-2550. Immigration law consultations are always fully confidential.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | privacy policy