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.
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Schedule A Consultation!
Libertyville
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy