Basic points

Ok, let’s take a deep breath and see where are we now.

First thing: what type of green card you spouse has right now. It can be either conditional (the first one, for 2 years) or permanent (the second one, for 10 years). If it’s permanent, I have bad news for you – there is nothing much you can do. Well, technically, there is a small possibility, but you’ve already proved TWICE to the USCIS that your marriage is genuine. So, that’s the case where you have to take it as a pill and move on with your life. I’m sorry for you.

This blog is for the US spouses who’s other party already got conditional green card. This type of GC puts an alien/resident under a certain “condition” – you have to live together with you spouse for 2 years and then submit a proof that your marriage was genuine, so USCIS can remove those conditions and to issue a new, permanent green card. You have 90 days before 2-year period will expire to file for I-751 form (Petition to remove the condition).

However, if you got divorced before that point, you spouse no longer can file for I-751 and has to file for I-751 Waiver based on annulment or divorce. While filing for I-751 is an easy process and in most cases doesn’t require any interviews, I-751 Waiver is a way more complicated, requires an interview where your spouse will need to provide an evidence that the marriage was genuine, but not for the green card.