Successful I-751 Waiver Case After a Joint Petition Fell Apart

What happens when you file Form I-751 jointly with your spouse, but the marriage breaks down before USCIS decides the case — and your spouse refuses to attend the immigration interview?

That was the situation facing one of our clients. The client had originally filed a joint Form I-751, Petition to Remove Conditions on Residence, with his spouse. While the I-751 remained pending, he later filed an application for naturalization, and USCIS scheduled the case for an interview involving both the pending I-751 and N-400.

But by the time the interview approached, the marriage had deteriorated significantly. The couple separated, and the client's spouse made clear that she intended to divorce him and would not attend the immigration interview.

The client nevertheless appeared before USCIS and truthfully explained what had happened. After the divorce was finalized, the Law Offices of Sabrina Li helped convert the pending joint I-751 into a waiver of the joint filing requirement, supported by evidence showing that the marriage had been entered into in good faith.

In summer 2026, USCIS approved the case, allowing the client to move forward as a permanent resident without the conditions attached to his original green card.

The Challenge: A Marriage That Ended Before the I-751 Was Approved

The couple had known each other for years before marrying. They met as neighbors, developed a relationship, spent time together with friends and family, traveled together, and eventually married after several years of dating. During the marriage, they built the types of financial and personal connections expected of a genuine married couple.

Their shared life included joint bank accounts, jointly filed tax returns, shared insurance, vehicles, household expenses, travel, photographs, family relationships, and years of living together. But a marriage can be genuine when it begins and still later fail.

Over time, disagreements involving family expectations, finances, and deeply personal issues placed increasing pressure on the relationship. Communication deteriorated, and the couple eventually separated. The breakdown of the marriage occurred while the client's immigration case was still pending.

The Spouse Would Not Attend the USCIS Interview

The procedural timing made the case particularly difficult.The couple had originally submitted their I-751 together. While that petition was pending, the client also pursued naturalization, resulting in USCIS scheduling an interview connected to the pending immigration matters.

By then, however, the couple was separating. The client's spouse told him that she wanted a divorce and would not attend the interview. The client appeared without her and explained the situation honestly to the USCIS officer rather than attempting to hide the deterioration of the marriage.

That created an important turning point in the case. A joint I-751 generally depends on both spouses continuing to participate in the petition. Once the marriage was ending and the spouse would no longer cooperate, the case could not realistically continue in the same form.

Converting the Pending Joint I-751 to a Waiver Case

Our office requested that USCIS convert the client's pending jointly filed I-751 into a petition requesting a waiver of the joint filing requirement. The central issue became whether the client could demonstrate that, even though the marriage ultimately ended in divorce, it had originally been entered into in good faith.

The record included evidence accumulated over several years of married life. The filing also addressed the circumstances surrounding the breakdown of the relationship without losing sight of the most important question: Was this a real marriage when the couple entered into it?

USCIS Approves the I-751 Waiver

In summer 2026, USCIS approved our client's petition on the basis of the divorce waiver and removed the conditions on his residence. He received a ten-year permanent resident card, independent of his former spouse.

Nationwide Representation in I-751 Waivers and Removal of Conditions

At the Law Offices of Sabrina Li, we regularly represent conditional residents whose marriages ended before their I-751 was decided — including divorce and good-faith waivers, joint petitions that must be converted after a separation, cases where a spouse refuses to attend the interview, and applicants whose naturalization plans were derailed by a divorce. We have developed our own approach to these cases, and we know how to present a marriage that ended quietly so that its genuineness is clear on the record. Immigration law is federal law, so from our offices in Los Angeles, the San Francisco Bay Area, and Dallas, we represent clients throughout the United States, and our team works in English, Chinese, and Spanish.

Has your spouse moved out while your I-751 is still pending, or told you they will not attend the interview? As this case shows, a situation like that can often be resolved successfully with the right strategy and a well-prepared record. Every case turns on its own facts and evidence, and results vary; we would be glad to review your specific situation.

Did your spouse leave before your green card interview?

The clock is already running — USCIS can take up a pending joint petition at any time, and the record of a genuine marriage cannot be rebuilt in the days before a rescheduled interview. Contact the Law Offices of Sabrina Li by phone on our general line at (213) 375-8096 or on our Chinese-language hotline at (626) 800-4820, by email at csteam@sabrinali.law, or learn more about our immigration practice at sabrinali.law.

Attorney Advertising. This case study is provided for general informational purposes only and does not constitute legal advice. Reading this page or contacting our office does not create an attorney-client relationship. Identifying details have been modified or omitted to protect client confidentiality, and case strategy and supporting evidence are described only in general terms. Every case is different, and the outcome of any matter depends on its own facts and the applicable law. Prior results do not guarantee or predict a similar outcome.