My Conditional Green Card and Separation

[LoungeWait 1]

Hello everyone,

 

I'm reaching out because my conditional green card is set to expire at the end of November.
 

Unfortunately, my wife and I have made the mutual decision to separate. Since we both reside in Florida and don't have any children together, we've decided to handle the divorce process ourselves to save on expenses.
 

While our marriage didn't quite reach the two-year mark, we do have a history of four years together. Throughout our relationship, we've built a life that includes:

• Shared memories: We have numerous photos from trips we've taken together to various countries with our families and friends.
• Financial ties: We share joint bank accounts.
• Joint insurance: We are both covered under the same health and car insurance policies.
• Continued support: Even recently, after our separation, I accompanied her to an important family event, and we have photos from that occasion as well.
   

We plan to file for divorce this week, and I understand the process in Florida can take up to five months to finalize. This leads to a couple of important questions I'm hoping you can shed some light on:

1. Green Card Conditions Removal: If the divorce is not finalized by the time my conditional green card expires, am I still able to proceed with the removal of conditions?
2. International Travel: Can I travel internationally while my divorce case is still in progress? (for example, I am planing to travel to Uruguay next month to visit family, will I have issues entering back ?)
    

I'd appreciate any insights or perspectives you might have on my situation.

[OldUser 9,637]

2 minutes ago, LoungeWait said:

Green Card Conditions Removal: If the divorce is not finalized by the time my conditional green card expires, am I still able to proceed with the removal of conditions?

Yes, but you still need to file with divorce waiver and be ready to respond to RFE asking for divorce certificate in the future. That would take at least several months, maybe even a year until you get this request.

[OldUser 9,637]

5 minutes ago, LoungeWait said:

International Travel: Can I travel internationally while my divorce case is still in progress? (for example, I am planing to travel to Uruguay next month to visit family, will I have issues entering back ?)

Technically, you can, but not very desirable. Even when I travelled with my wife, I got asked how often we travel together etc upon entry to the US. You may be held in secondary when reentering the US.

 

 

What I don't see in your evidence list is proof of living together. Did you have joint lease?

Edited May 20 by OldUser

[LoungeWait 1]

1 hour ago, OldUser said:

Yes, but you still need to file with divorce waiver and be ready to respond to RFE asking for divorce certificate in the future. That would take at least several months, maybe even a year until you get this request.

ok!
By serveral months what do you mean? The extension letter? the rfe?
So within the 90days prior to my green card expiration date, I have to submit a i751, then send my divorce degree with a waiver, correct?
Will the 2 year extension letter arrive?

1 hour ago, OldUser said:

Technically, you can, but not very desirable. Even when I travelled with my wife, I got asked how often we travel together etc upon entry to the US. You may be held in secondary when reentering the US.

 

 

What I don't see in your evidence list is proof of living together. Did you have joint lease?

The thing is, I will have to travel for work and visiting family!
Worst case scenario is to go to secondary inspection? or I can be in serious trouble?
Like I'm re entering the country where I live now, I'm just divorcing my wife.
Sorry, I didn't mention proof of living together because I thought it was obvious!
-It is her apartment(mortgage is under her name), so we share driver license, bank accounts, etc with same direction

Thanks!

[OldUser 9,637]

37 minutes ago, LoungeWait said:

ok!
By serveral months what do you mean? The extension letter? the rfe?

RFE. You'll get extension letter in 4-8 weeks after filing. But RFE will follow asking for divorce decree. And this can be from 3-6 months if case goes fast, or few years until you get it.

[OldUser 9,637]

42 minutes ago, LoungeWait said:

So within the 90days prior to my green card expiration date, I have to submit a i751, then send my divorce degree with a waiver, correct?

Yes, if you have divorce decree, send together in that 90 day window. You can even send it before 90 days if you have it on hands before window opens, divorce waiver allows filing early, any time divorce is final.

 

E.g you can file any time before 90 day window if you have divorce decree. If you don't have it, you can file without decree in 90 day window, but be prepared for RFE in future.

Edited May 20 by OldUser

[Boiler 47,346]

You can not file on the basis of a good faith marriage so you have to go the Divorce Waiver route.

[LoungeWait 1]

22 hours ago, OldUser said:

Yes, if you have divorce decree, send together in that 90 day window. You can even send it before 90 days if you have it on hands before window opens, divorce waiver allows filing early, any time divorce is final.

 

E.g you can file any time before 90 day window if you have divorce decree. If you don't have it, you can file without decree in 90 day window, but be prepared for RFE in future.

So my divorce decree should be ready in 4 months, but the 90day window will be before the divorce decree!
Even if I'm going through a divorce, can I send the i751? Or I must wait for the divorce decree?

11 hours ago, Boiler said:

You can not file on the basis of a good faith marriage so you have to go the Divorce Waiver route.

I must wait for the divorce decree then?

What about traveling?

 

23 hours ago, LoungeWait said:

The thing is, I will have to travel for work and visiting family!
Worst case scenario is to go to secondary inspection? or I can be in serious trouble?
Like I'm re entering the country where I live now, I'm just divorcing my wife.
Sorry, I didn't mention proof of living together because I thought it was obvious!
-It is her apartment(mortgage is under her name), so we share driver license, bank accounts, etc with same direction

Thank you both!!

[OldUser 9,637]

1 hour ago, LoungeWait said:

So my divorce decree should be ready in 4 months, but the 90day window will be before the divorce decree!
Even if I'm going through a divorce, can I send the i751?

Yes, you can't delay I-751 because divorce is pending. But it's a tricky one if USCIS asks for divorce decree sooner than your divorce is finalized.

 

 

 

Edited May 21 by OldUser

[OldUser 9,637]

On 5/19/2025 at 5:38 PM, LoungeWait said:

 

I'm reaching out because my conditional green card is set to expire at the end of November.
 

 

 

1 hour ago, LoungeWait said:

So my divorce decree should be ready in 4 months,

4 months from now is end of September.

 

You have time until end of November (based on expiration of GC) to submit your I-751.

 

I don't see a problem. Just submit your I-751 before end of November. If you have divorce decree then, great. If not, OK, but you need to get decree eventually.

Edited May 21 by OldUser