If you obtained a green card through a recent marriage to a U.S. citizen, you are required to file Form I-751 within two years. This is because such green cards are issues conditionally on the understanding that you will eventually file on your own merits. An immigration attorney can help you through the process, but the following will provide you with some guidelines.
When to File
It is assumed that during the two years in which your provisional green card is in effect you will make some ground toward becoming eligible on your own merits. You and your spouse have 90 days from the date that your green card expires to file the I-751. Once you file, your new status should extend to those children who entered the U.S. with you as well.
Filing Jointly
If you and your spouse agree to file jointly, which is generally the expectation, you may do so provided you remain married during the time the form is being processed. If you are in the process of a divorce and/or are separated, an immigration attorney will help you through any difficulties with USCIS. You can expect, however, to be called to a local office for an interview. Should your divorce become final while the joint petition is being considered, it will be denied.
If You Divorce
If you and your spouse do divorce, you may still be able to file the I-751 on your own. An immigration attorney will assist you if you run into difficulties, but this can apply even if you are still married and your spouse refuses to sign the petition, or if your spouse dies. In order to accomplish this you will need to ask that the requirement for joint filing be waived.
For Immigration Law Assistance
If you need to file an I-751 or have questions about another immigration matter, call an experienced and dedicated immigration attorney at Ionson Law: (781) 674-2562.
