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Removing Conditional Status While Divorce is not Finalized

Conditional resident aliens are required to file a Form I-751 within 90 days before the second anniversary of the date on which the alien obtained permanent resident. If the marriage is terminated by divorce, the resident alien can file a waiver of the joint petition requirement. However, if the divorce is filed but not finalized before filing of I-751, the conditional resident is not allowed to apply for the waiver based on good faith marriage. In this case, the conditional resident can still file a joint I-751 if the spouse is willing to cooperate. Otherwise, the conditional resident has to file a waiver under other grounds and then amend the application or file under a waiver once the divorce is final. Other grounds for waiver include (1) The marriage was entered into in good faith, but the conditional resident has been battered or subjected to extreme cruelty by the citizen spouse; or (2) Termination of permanent residency and deportation would result in extreme hardship.

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