A beneficiary (wife or husband of a U.S. citizen) of a green card petition may file a separate I-751 petition when the marriage has ended in divorce. This type of petition is more problematic, especially where the petitioning spouse and the beneficiary spouse separated or divorced immediately or shortly after the 1 st interview. If the U.S. citizen petitioner and the spouse are separated or divorced before the filing of the I-751 (application to remove condition), the alien must prove that the marriage was entered in good faith, but has ended in a divorce. The INS generally expects evidence of cohabitation in the period between the grant of conditional permanent residency status and separation or divorce. The alien is advised to always use an attorney in this situation, as the INS usually suspects marriage fraud in this instance. We can assist by preparing your documentation and attending the interview with you.
Requirements:
Proof of Dissolution of Marriage
Evidence of Cohabitation
Police reports and/or medical records (If I-751 is based on physical or emotional abuse)
Copy of expiring LPR card and fee
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