From Conditional to Permanent Green Card: Can You Still Get Approved After Divorce? See How Our Client Succeeded

In recent years, the U.S. marriage green cardProcessing time for 2 to 10 (I-751 petitions) is significantly longer, usually taking close to 3 yearsIt is only then that the approval can be finalized. However, during this 2-2 ½ year wait, many people's marriages change or even go to pieces. Then.If I suffer a divorce at the 2 to 10 stage, will my green card application still go through?

Today, we would like to share a real case with you. This client went through a marital breakdown before her I-751 was filed and her husband was unwilling to cooperate with the petition, but she eventuallyNo addendum, one-time approvalGot a green card. How did she do it? And what are the lessons to be learned?

Client Background: Marriage Breakup, 90 Days to Green Card Expiration

This client obtained a green card a few years ago through marriage2-year temporary green card, but by the time the green card was about to expire, her marriage to her husband was on the verge of breaking up.

The client's situation when asking for help is as follows:

  • After the marriage, there were personality differences and frequent quarrels, and the man eventually filed for divorce
  • The man is not willing to cooperate in the co-petition of I-751.
  • The client was worried that the immigration authorities would suspect that she was married under false pretenses and was prepared to go back to China.
  • With only 90 days left before the expiration of the 2-year green card, time is of the essence!

In most cases.I-751 requires joint submission by both spouses, proving that the marriage is still valid. However, U.S. immigration law allows for thespecial caseUnder, the applicant can file a separate I-751, including:

  • Divorced (but evidence of the authenticity of the marriage is required)
  • Death of spouse
  • Domestic violence in marriage

The client's situation falls into the category ofJust married and divorced and have not yet filed I-751She was very anxious that the USCIS would suspect that she was married for a green card. But in fact, the central consideration of the USCIS in approving the I-751 is not whether the marriage is still subsisting or not, but theWhether or not the marriage ever really existed.

Therefore.As long as sufficient evidence can be provided to prove the authenticity of the marriage, the application can still be successfully approved even if the divorce has already taken place at the 2 to 10 stage.

How do I file a separate I-751 after a divorce?

To ensure a successful application, our strategy is toComprehensively combing the client's marital evidence with a focus on proving the authenticity of the marriage.We have organized for our clientsThree categories of core materials(c) Ensure the adequacy and credibility of submissions.

1. Evidence of intimacy

The following materials were added because the client had removed most of the marital photographs after the divorce:

  • Past airfare and hotel bookings to prove they've traveled together
  • Receipts for gifts exchanged, holiday greeting messages that show the foundation of their relationship
  • Chat logs and call logs that reflect the daily interactions between the two people

2. Evidence of living together

The materials in this section are mainly used to prove that the couple had a joint financial life, including:

  • A rental contract for a house, proving that the two had lived together
  • Utility bills, credit card statements, bank statements showing both parties have lived at the same address
  • Insurance, loan records, e.g., health insurance, auto insurance, reflecting financial interdependence

3. Testimony from family and friends & detailed timeline

  • Find a few mutual friends and relatives who can provide testimony as witnesses to their marriage
  • Detailed Timeline, from the time the two met, to their relationship, to their marriage, to the breakdown of the marriage, is clearly documented to ensure that the story is coherent and believable.

These three types of evidence are key to the I-751 review because they prove that the marriage is real and not just based on a formal marriage relationship.

Final result: no addendum, one-time pass

This client's 2 to 10 submission timeline is below:

January 5, 2023: all documents prepared and officially submitted 2 to 10

February 22, 2023: notification of admissibility received

March 22, 2023: fingerprinting notification received

January 28, 2025: green card application approved, no additional documents required

Under normal circumstances.2 to 10 requires the signature of both spousesHowever, due to the sufficient evidence submitted by us, the USCIS accepted the client's ex parte application directly and passed the examination with flying colors.

Can I still convert my 10 year green card after divorce?

The key is evidence!This case proves once again that even if a marriage breaks down at the 2 to 10 stage, the key to a successful conversion lies in the provision of theSufficient evidence of the genuineness of the marriage.

Many people faced with similar situations will hesitate, procrastinate, or even abandon their applications out of fear. However, the fact is that USCIS reviewers are human beings who understand the uncertainty of relationships and will not reject an application outright just because of a divorce.

Our advice to applicants who are going through a similar situation:

  • Don't wait until the last minute to process your I-751, make sure you prepare all your documents ahead of time!
  • Collect as much evidence as possible of the genuineness of the marriage and ensure that submissions are complete, even if they have been separated
  • Seek the help of a professional immigration attorney, if necessary, to improve the success of your application

Even if the marriage has ended, it does not mean that the green card application cannot be approved.The point is, how do you prove that the marriage was ever real.

If you're going through a similar situation, feel free to leave a comment or contact us for an assessment and we'll provide you with the most appropriate program for your specific situation.

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