The conditional resident can still become a lawful permanent resident, but it’s not a simple matter. In these cases, the conditional resident must file the petition with a request that the joint filing requirement be waived, commonly known as a waiver. USCIS will allow a conditional resident to remove conditions on residence after divorce or other events that make it impossible to file a joint petition with the spouse through whom he or she gained conditional residence. But what if the conditional resident gets a divorce or annulment before the two-year period ends? Or what happens if the spouse is abusive and refuses to file the joint petition? The I-751 waiver after divorce provides a solution to this difficult situation. Citizenship and Immigration Services (USCIS) grants the conditional resident status as a lawful permanent resident and provides a 10-year green card. The conditional resident normally files jointly with the spouse. Conditional residents that obtained a two-year green card through marriage will typically file a joint petition using Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before it expires.
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