Legal Question in Immigration Law in Illinois

If you have a conditional green card based on a marriage to a US citizen, you and your spouse JOINLTLY should file the I-751 application to remove conditions on residence. It has to be filed within the 90-days window PRIOR to expiration of the green card.

If divorced, separated, not living together, etc. or there are some other circumstances where a spouse will not sign a joint petition - you will need to request a waiver of the joint filing requirement, which may or may not be granted depending on your situation.

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Hi,

Normally you and your spouse will jointly sign the petition to remove the conditions on resident status (Form I-751) within a 90 day window prior to expiration of your current resident status. Successful filing will result in your obtaining permanent resident status.

However, if you and your spouse are contemplating divorce (or are already divorced), then you will be required to obtain a waiver of the joint filing requirement.

You can call our law firm at 212-268-3580 during business hours if you have questions. Alternatively, please email your questions to [email protected] at your convenience.

Regards,

Ajay K. Arora, Esq.

www.h1b1.com