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Removal of Conditions When No
Longer Living with Your Spouse

Gurian Group, P.A. April 18, 2022

US Legal law concept imageU.S. citizens who are married or engaged to foreign-born citizens can help their foreign-born partner immigrate to the United States and obtain a green card. However, the green card will be “conditional” if your marriage was less than two years old on the day you were granted permanent resident status. Unless you file a petition to remove the conditions on your permanent resident status, you might lose your lawful permanent resident status when no longer living with your spouse.

At Gurian Group, P.A., I have the experience, diligence, and resources to help clients navigate complex immigration matters involving the removal of conditions. As a skilled Florida immigration attorney, I can help you understand the Removal of Conditions process and determine whether to file your petition jointly or without your spouse. My firm is proud to serve clients in Miami and surrounding communities throughout Florida.

What is Removal of Conditions?

Removal of Conditions can be described as the process through which a person who received their conditional permanent resident status through marriage to a U.S. citizen files a petition to remove such conditions in order not to lose their permanent resident status.

Essentially, your status remains conditional until you prove—after a certain period—that you did not enter the marriage to bypass U.S. immigration laws. In order to remove the conditions on your permanent resident status, you must file a petition within the 90-day period before your conditional green card expires.

Will Divorce Affect My Immigration Case?

A divorce may affect your immigration status. In fact, divorce can make it more challenging to become a green card holder. To become a lawful permanent resident, you must apply for a waiver by showing that:

  • You married your ex-U.S. citizen partner in good faith

  • You weren’t responsible for the breakdown in your marriage

Additionally, if you obtained your conditional permanent resident status through marriage, that status will be limited to only two years. To remove the conditions on your resident status and obtain a permanent green card, you must complete and submit certain forms. An experienced attorney can enlighten you about your options to file the conditions removal petition and help you navigate crucial decisions.

Filing Jointly vs. Filing Separately

Generally, there are two options to file your Removal of Conditions petition: jointly with your spouse or separately without your spouse.

Filing Jointly

In order to file jointly with your spouse:

  • You must still be married to the same U.S. citizen spouse as when you were granted conditional permanent resident status

  • You must file during the 90-day period before your conditional permanent resident status expires

  • You must file within two years after becoming a conditional permanent resident

Filing Separately

In order to file separately without your spouse, you must meet any of these requirements:

  • You married your estranged U.S. citizen partner in good faith, but your spouse died

  • You married your estranged U.S. citizen partner in good faith, but it ended in an annulment or divorce

  • You entered into the marriage in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen spouse

  • The termination of your resident status and removal from the U.S. would result in extreme hardship

Additionally, you may need to provide the following supporting documentation to show that you married your ex-U.S. citizen partner in good faith:

  • Joint ownership or occupancy of a residence

  • Financial records, insurance policies, or joint tax returns

  • Birth certificates of any child born during the marriage

  • Affidavits from two or more people that know you and your ex-partner.

  • Any other documents considered necessary to establish a good faith marriage

An experienced attorney can evaluate your unique situation, determine whether to file separately or jointly with your spouse, and help file your Removal of Conditions petition.

Suggestions for the Separated Spouse

If you are no longer living with your U.S. citizen spouse, you can still file the Removal of Conditions petition before your conditional resident status expires. However, USCIS may request a certified copy of your divorce decree or annulment for your petition to be approved. As a result, choosing divorce might be your ideal option. A skilled attorney can enlighten you about the benefits and drawbacks of filing for divorce to get your Removal of Conditions petition approved.

How Gurian Group, P.A. Can Help

Navigating marriage, divorce, and immigration law matters often involve a lot of complex procedures. In the event that you obtained a green card through marriage to a U.S. citizen but you’re no longer living with your spouse, filing a Removal of Conditions petition may be essential. An experienced immigration attorney can explore your possible legal options and help decide the best course of action.

At Gurian Group, P.A., I’m committed to offering experienced legal guidance and reliable advocacy to clients in various marriage or divorce-related immigration matters. As your attorney, I can work to understand your unique circumstances and help you understand how to file for the removal of conditions when no longer living with your spouse. I will help complete your forms, file your application, and guide you through the legal process from start to finish.

Contact my firm—Gurian Group, P.A.—to schedule a simple case assessment with a knowledgeable immigration law lawyer. I proudly serve clients in Miami and surrounding communities throughout Florida.