Should the foreign national be separated after initiating the procedure with his or her U.S. citizen spouse, he or she must finalize a divorce prior to a decision being rendered on the case. If the procedure has not yet been initiated with the U.S. citizen spouse, then it is recommended that the divorce be finalized prior to filing the I-751 form. Once the foreign person is divorced, he or she will be able to file the same application on his or her own.
There are several other ways to remove the conditions on the temporary green card even of the U.S. citizen spouse is no longer willing to support the procedure. if the foreign national has been subject to extreme cruelty for example, or if the denial of the removal of conditions would result in extreme hardship to the foreign national, or if the U.S. spouse is now deceased. These are all ground to filing for a waiver of the joint filing.
We recommend you contact our law firm to find out about the options that may be available to you. Both our immigration attorneys, Suzanne E. Vazquez and Maud Poudat, are board certified as experts in Immigration and Nationality Law by the Florida Bar. Call us today at 407.674.6968 or fill out the online form located on this page and we will get in touch with you shortly.