I often get calls with the following fact pattern. A U.S. citizen marries a foreigner (“spouse”). The U.S. citizen sponsors the spouse and a conditional green card is issued. Before it is time to remove the conditions, the U.S. citizen and spouse have a falling out. Now the spouse is worried that the U.S. citizen will not help them remove the conditions on their conditional green card. What can they do?
Hopefully, the couple will find a way to work things out. If they can’t, the spouse can still get the conditions removed without the help of the U.S. citizen. If the couple divorces, the spouse can file a divorce waiver with USCIS. The spouse will still need to show the marriage was entered into in good faith. It will also help if the foreign spouse’s actions were not the cause of the divorce.