California  |  Immigration Law

A conditional resident can apply to remove conditions without her ex-husband's signature after final divorce. However, she will need to ask for a waiver, and prove that the marriage was in Good Faith.

If you’d like to schedule a telephone legal consultation, please let me know, and I’d be glad to help: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn’t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Hello:

A person can APPLY to remove the conditions without their spouse's consent (waiver), without a divorce. However, the divorce must be finalized before the removal of conditions is actually granted. In other words, the application process can get started, but proof of divorce must be provided before the conditions can be removed.

Alternatively, if a divorce is not finalized, a person can self-petition (without their spouse's consent) to remove conditions if the US citizen or Legal Permanent Resident spouse has abused the spouse with the conditional green card. This petition requires certain evidence, which can be complex. The help of an attorney is advisable in this situation.

Otherwise, if the person is still legally married, the husband is not deceased, and there is no abuse, then the husband and wife need to jointly file to remove the conditions.

To discuss your specific case further, please feel free to call me at 714 288 0610 or email me at ellaine@eloretolaw.com. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

You may file the I-751 petition to remove conditions on your green card if you have divorced and do not need signature of USC ex-husband. Will still need to provide details of the marriage and show that it was in good faith. If you have further questions, you may contact me at jenniferbrill@yahoo.com or 415-387-1364.