Our client did everything right. She met a U.S. citizen, fell in love, married in good faith in June 2020, and built a life with him and his family. Then the marriage collapsed after her husband’s infidelity—leaving her divorced and holding only a conditional green card, with her right to remain in the United States tied to a marriage that no longer existed. Many people in her position assume divorce is the end of the road. It is not. We filed Form I-751 with a divorce waiver, and when USCIS pushed back with a Request for Evidence questioning whether the marriage had ever been real, we answered with a complete, human, and well-documented record. USCIS removed the conditions on her residence, and she moved forward as a lawful permanent resident.
A marriage-based green card that is less than two years old at the time of issuance is conditional. To retain it, the immigrant must file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the conditional card expires. When the marriage is still valid, the spouses file the petition together to prove the marriage is real. But life doesn't always adhere to immigration timelines, and when a marriage ends before that period, the conditional resident is left in a truly frightening situation.
That is exactly the situation our client found herself in. Her immigration status depended on a marriage that had already ended in divorce, and her deadline for the I-751 was approaching.
Our client first arrived in the United States in April 2017 on a business visa to support her employer's U.S. operations. A chance encounter introduced her to the man who would become her husband. He proposed in May 2020, and the couple married in June 2020, surrounded by his parents. As a result of this marriage, she obtained conditional permanent residency.
Unfortunately, the marriage did not last. Our client discovered that her husband had been involved with another woman. Emotionally devastated, our client sought therapy, relied on supportive family members, and made the painful decision to end the marriage.
When a conditional resident cannot file a joint application, immigration law allows for an exemption from the joint filing requirement. One of the most common reasons for this exemption is when the applicant entered into a bona fide marriage, but the marriage later ended in divorce.
The crucial point, and one that many applicants misunderstand, is this: USCIS doesn't ask if the marriage survived. It asks if the marriage was genuine when it began. A marriage can be entirely real and still end in divorce. The applicant's task is to prove good faith from the outset through a preponderance of the evidence; essentially, that it is more likely than not that the couple intended to build a life together, rather than to obtain an immigration benefit.
We prepared and filed Form I-751 with a divorce exemption in June 2023. In August 2025, USCIS issued a Request for Evidence (RFE).
A Request for Exemption (RFE) is not a denial. It's the government's way of indicating that it needs more information before it can approve an application. In divorce exemption cases, RFEs typically emphasize the same points: whether there is sufficient documentation of a genuine, shared married life; whether the couple truly lived together and joined their lives; and whether the applicant's account of the marriage and its breakdown is credible and consistent. An RFE is also a one-time opportunity subject to deadlines; a weak or disorganized response can ruin an otherwise strong case.
We submitted our response to the RFE in September 2025, structured as a comprehensive and evidence-rich dossier, designed to leave the official with no reasonable doubt that the marriage had been genuine. We organized the objective evidence of a shared life into a clear package with an index of appendices, and linked each piece of evidence to the bona fide marriage standard in a cover letter that addressed the government's concerns point by point.
Throughout, we balanced candor with dignity, presenting difficult personal facts honestly, but keeping the focus on the one legal question that mattered: was this marriage real from the start? The evidence confirmed that it was.
In early 2026, USCIS approved Form I-751 and removed the conditions on our client's residency, more than two and a half years after the petition was first filed and only a few months after our response to the RFE. Notably, USCIS approved the waiver without requiring our client to attend an interview—something that is typically mandatory in I-751 waiver cases—which is a clear indication that the written record alone addressed all concerns. She closed one of the most painful chapters of her life as a lawful permanent resident, free to live and work in the United States without being dependent on the marriage that once defined her status.
If this case offers a lesson, it is this: divorce changes how you request the removal of conditions, not your ability to retain your residency. A bona fide marriage that ended in divorce can still support an I-751 exemption, and even a Request for Evidence (RFE) questioning your marriage is a challenge to be answered, not a final verdict. With early planning, an honest and specific personal account, strong corroboration, and a well-organized file, you can often overcome a seemingly disqualifying fact.
Yes. If your marriage was entered in good faith but ended in divorce, you can request a waiver of the joint-filing requirement and file the I-751 on your own. You will need to show the marriage was genuine when it began. Eligibility depends on your specific facts, so a case-by-case evaluation is essential.
No. Divorce changes how you file, not whether you can keep your residence. Many conditional residents successfully remove conditions after a divorce by filing with a divorce waiver and a strong supporting record.
USCIS focuses on whether the marriage was bona fide at the outset. Helpful evidence includes proof of a shared home and finances, photographs and communications over time, a detailed personal statement, and sworn statements from people who knew the couple. The reason the marriage ended does not undo the fact that it was real.
No. An RFE means USCIS wants more information before deciding. It is a critical, time-limited opportunity to strengthen your case, and a thorough, well-documented response often leads to approval.
It should not. The reason a marriage failed does not undo the fact that it was genuine. In many cases, the facts surrounding the breakup actually help demonstrate that the marriage was real.
Processing times vary widely by service center and by the complexity of the case, and an RFE can extend the timeline. Filing a complete, well-supported petition from the start—and responding thoroughly to any RFE—helps keep a case on track.
At the Law Offices of Sabrina Li, we regularly handle complex removal-of-conditions cases, including I-751 divorce waivers and demanding Requests for Evidence. Immigration law is federal law, so from our offices in Los Angeles and Dallas, we represent clients throughout the United States.
Are you facing an I-751 deadline, a divorce, or a Request for Evidence, and worried it will cost you your green card? As this case shows, a divorce-waiver case can often be won with the right strategy and a well-built record. Every case turns on its own facts and evidence, and results vary; we would be glad to review your specific situation.
Phone: (213) 375-8096
Email: info@sabrinali.law
Hours: Mon-Fri, 9:00AM - 5:00PM PT (Except Public Holidays)
