SoCal Immigration Services | Immigration Document Preparation in Southern California

Quick Answer

When your marriage ends before you can file a joint I-751 petition to remove conditions on your green card, you may feel uncertain about your immigration future. For Ontario and Inland Empire residents, SoCal Immigration Services provides guidance on the I-751 waiver process that allows you to remove conditions on your own, even after divorce.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

Understanding Conditional Residence

If you received your green card through marriage to a U.S. citizen or permanent resident and had been married for less than two years at the time, you received a conditional green card. This 2-year green card requires you to file Form I-751 within the 90-day window before it expires to remove the conditions.

Normally, I-751 is filed jointly with your spouse. But what happens if you're divorced, separated, or your spouse is abusive? The law provides waivers for these situations.

When Can You File an I-751 Waiver?

You can request a waiver of the joint filing requirement if:

•Your marriage ended in divorce or annulment
•You entered the marriage in good faith, but your spouse was abusive (battery or extreme cruelty)
•Your spouse died
•Termination of your status would cause extreme hardship

The Divorce Waiver: Most Common Situation

The divorce waiver is the most common I-751 waiver. To qualify, you must show:

• The Marriage Was Entered in Good Faith: You married with genuine intent to establish a life together, not for immigration purposes

• The Marriage Has Legally Ended: You must have a final divorce decree or annulment

• You Weren't at Fault: The waiver focuses on the genuineness of the original marriage, not who caused the divorce

Evidence for the Good Faith Marriage Waiver

To prove your marriage was genuine, even though it ended in divorce, gather evidence from throughout the marriage:

•Photos of you and your spouse throughout the marriage
•Joint financial documents (bank accounts, tax returns, leases, mortgages)
•Documents showing shared residence (utility bills, mail)
•Birth certificates of children born during the marriage
•Insurance policies naming each other as beneficiaries
•Evidence of commingled assets
•Affidavits from friends and family who witnessed your relationship
•Communication evidence (cards, letters, emails)
•Travel records showing vacations together

Timing: When to File the Waiver

Understanding I-751 waiver timing is crucial:

Situation	When to File
Divorced before 90-day window	Can file waiver immediately after divorce is final
Within 90-day window	File within the window, include divorce decree
Conditional card expired	File as soon as possible with explanation
Pending divorce	May file with proof divorce is pending, submit decree when issued
After denial of joint petition	May file waiver if previously filed joint petition was denied

The I-751 Waiver Process

Filing an I-751 waiver involves these steps:

1
Gather Documentation
Collect evidence of bona fide marriage throughout the entire relationship
2
Obtain Divorce Decree
You need the final divorce decree or annulment judgment
3
Complete Form I-751
File I-751 with waiver request checked and supporting documentation
4
Pay Filing Fee
Currently $595 (fee waivers generally not available for I-751)
5
Attend Biometrics
USCIS will schedule you for fingerprints and photos
6
Interview (if required)
USCIS may schedule an interview to review your evidence
7
Receive 10-Year Green Card
If approved, you receive a permanent green card with no conditions

Special Situations for Ontario Families

Ontario and Inland Empire residents face unique circumstances:

• Pending Divorce: California divorces can take 6+ months minimum. You can file I-751 with proof the divorce is pending, but must submit the final decree when issued.

• Community Property Issues: California's community property laws may affect documentation of shared assets.

• Domestic Violence: If your marriage ended due to abuse, the battered spouse waiver may be more appropriate and provides additional protections.

• Missing Spouse: If you cannot locate your ex-spouse or they refuse to cooperate, the waiver allows you to proceed alone.

USCIS Interview for Waiver Cases

USCIS often schedules interviews for waiver cases to verify the marriage was genuine:

• Be prepared to discuss your relationship history
• Bring original documents for verification
• Be honest about why the marriage ended
• The focus is on whether the marriage was real when entered, not why it failed

We help Ontario clients prepare thoroughly for I-751 waiver interviews.

Why Choose SoCal Immigration Services?

Our team helps Ontario residents with I-751 waivers:

•Experience with divorce-based I-751 waivers
•Help gathering and organizing evidence of bona fide marriage
•Arabic and English-speaking staff for clear communication
•Interview preparation and coaching
•Guidance on California divorce documentation
•Support through the entire process

What If Your Waiver Is Denied?

If USCIS denies your I-751 waiver:

• You'll be placed in removal proceedings before an immigration judge
• You can renew your waiver request before the judge
• The judge will make an independent decision
• You should consult with an immigration attorney for removal proceedings

Proper preparation of your initial waiver petition significantly reduces the risk of denial.

FAQFrequently Asked Questions

Q:Can I file I-751 before my divorce is final?

A: Yes, you can file I-751 with evidence that your divorce is pending (filed but not yet finalized). USCIS will wait for the final decree, and you must submit it as soon as it's issued.

Q:Do I need my ex-spouse's cooperation for the waiver?

A: No, that's the purpose of the waiver - it allows you to file alone without your ex-spouse's participation or signature.

Q:What if my conditional green card has already expired?

A: File the I-751 as soon as possible. Include a letter explaining the delay. Your status doesn't automatically terminate, but filing late can create complications.

Q:Will USCIS contact my ex-spouse?

A: USCIS may contact your ex-spouse, but their cooperation is not required. Some ex-spouses refuse to respond or cannot be located - this doesn't automatically doom your case.

Q:How long does the I-751 waiver take to process?

A: I-751 waivers typically take longer than joint petitions - often 12-24+ months. You'll receive a receipt notice extending your status while the case is pending.

Q:What if I remarried after my divorce?

A: You still file based on your first marriage that gave you conditional residence. Your new marriage doesn't affect the I-751 waiver, though you may be asked about your new relationship at an interview.

Disclaimer: This article provides general information about immigration services in Ontario and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: January 3, 2026Last Updated: January 3, 2026

Need Help Removing Conditions After Divorce?

Our team helps Ontario residents navigate the I-751 divorce waiver process. Schedule a consultation to discuss your case.

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