How To Remove Conditions On Resident Status If Marriage Is Dissolved In 2 Years

Do you want to stay in the US even if your marriage didn’t work out? This article will guide you in understanding the law in the US and explain how to reside even after your marriage is dissolved.

Upon entering the country, an immigrant subject to a family petition is granted conditional residence status for two years. According to immigration law, Form I-751, Petition to Remove Conditions on Residence, must be jointly filed by both spouses no later than 90 days before the second anniversary of a spouse’s entrance to the country.

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Why Might This Happen?

Legal divisions, divorces, and annulments are a few of the most frequent reasons why some immigrant spouses fail to fulfil this criterion. Therefore, it is crucial to prove that the wedding was entered into in good conscience and that the foreign spouse was not at fault for not being able to file a Combined Petition. In situations of marriage dissolution during the two years when an immigrant spouse is granted provisional resident status.

The immigrant spouse will often lose permanent residency and be subject to deportation when a proper removal procedure is launched against them if the marriage dissolves before the conditions are lifted.

A divorce, including an annulment or any other type of marriage dissolution, usually results in your conditional permanent residency termination.

It won’t be completely impossible for you to obtain permanent residency without any conditions due to your divorce; it will just make the process more difficult this time.

You may request a waiver of the combined application requirement based on the married you entered into in good conscience if you are not the qualified marriage’s erring spouse.

You must demonstrate this while filing for a waiver if you were subjected to any violent assault by a US citizen or a permanent resident spouse during your marriage. If, for one of these reasons, your marriage did not last for two years, you may request a waiver noting the following reasons:

Great hardship if deported;
Dissolution of a marriage in good faith; and
Excessive violence culminating in a battered spouse or child.

If a Divorce Ended Your Relationship

Your child, who obtained permanent residence status due to your marriage to the child’s US citizen or permanent resident father, will likewise lose that status if your relationship with a US citizen or permanent resident spouse ends in divorce within two years.

The next step is to apply for a waiver of the termination, which may be granted if you can prove that the marriage was entered into genuinely and without deception to obtain immigration benefits. Additionally, you must demonstrate that your failure to submit a joint petition to eliminate conditions was not your fault.

Any divorce judgment entered after you have been granted unconditional permanent resident status will have no further consequences, with the possible exception that it might cause a delay in your application for naturalization as a US citizen.

Why Legal Assistance in Family Disputes is Important for Residents

Your resident status as an immigrant spouse who earned a conditional resident status based on a marital relationship may be affected by family disagreements during the early stages of your marriage.

When you are a conditional resident, and you notice that a divorce or other sort of marriage breakup is about to occur, it is best to contact an immigration lawyer who can assist you avoid harming your resident status.

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