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If your marriage to a U.S. citizen ended in divorce before you could jointly file Form I-751, you may still qualify to remove conditions on your green card. With the right evidence, a good-faith I-751 waiver can help you move forward legally and confidently.

In this guide, we’ll explain what a good faith waiver is, how to prove your case, what to expect from USCIS, including potential Request for Evidence (RFE) notices, and how legal guidance can make a difference.

Current Processing Times & Updates (as of August 2025)

As of August 2025, USCIS processing times for I-751 petitions vary by service center but typically range from 18-33 months. However, processing times change frequently, so check the current USCIS processing times for your specific service center before filing. 

Recent USCIS policy clarifications have reinforced that good faith waiver applicants have greater filing flexibility than joint filers, making it even more important to understand your options if divorce occurs during your conditional period.

What Is a Good Faith I-751 Waiver?

A Good Faith I-751 Waiver is not a separate form—it is a type of request made within Form I-751, the petition used to remove the conditions on a 2-year marriage-based green card. Normally, this form is filed jointly by both spouses. However, if you’re divorced, you can file it alone by requesting a waiver of the joint filing requirement. You do this by checking the box on Form I-751 that states your marriage was entered into in good faith but ended in divorce or annulment.

This waiver tells USCIS that your marriage was real and not just for immigration purposes, even though it didn’t last. You must include strong evidence to support the authenticity of the relationship.

This waiver could be used for conditional permanent residents who:

• Received a 2-year conditional green card through marriage to a U.S. citizen, and
• Divorced during these 2 years.

Under 8 CFR § 1216.5(a)(1)(ii), USCIS allows individuals to file alone if:

“The marriage was entered into in good faith by the conditional resident alien, but the marriage was terminated…”

In short, your marriage must have been real, not for immigration purposes, even if it ended in divorce.

How to Prove Good Faith in an I-751 Waiver Petition

To avoid I-751 denial after divorce, USCIS needs convincing evidence that your relationship was legitimate. Strong applications include:

1. Proof of a Shared Life

Birth certificates of any children.

Joint bank accounts, insurance policies, or credit cards.

Shared leases or mortgages.

Utility bills and tax returns.

Travel records, photos, and correspondence.

Signed affidavits from friends, relatives, or coworkers familiar with your relationship.

2. Your Personal Affidavit

Your story is powerful. Describe how you met, the development of your relationship, major life events, your shared home, and why the marriage ended. USCIS pays close attention to this personal narrative, especially when other documentation is limited.

3. Explaining Missing Evidence

If your spouse was uncooperative or controlled access to records, include a detailed explanation. USCIS understands real-life complications, particularly in difficult or imbalanced relationships.

When Should You File Your I-751 Waiver?

Timing matters, but you may have more flexibility than you think.

For joint petitions, Form I-751 must be filed within the 90-day window before the second anniversary of receiving conditional permanent resident (CPR) status. This is when both spouses typically submit the petition together.

But if you’re applying for a good-faith waiver after divorce, the rules are different, and potentially in your favor.

You Can File a Waiver Anytime You’re Eligible

According to the USCIS Policy Manual, a conditional resident requesting a waiver does not need to wait for the 90-day period. You can file:

• Before the 90-day window.
• During the 90-day window.
• After the 90-day window.
• Even after your green card expires, as long as a final removal order hasn’t been issued against you.

If you are already in removal proceedings, you can still file the waiver, but only before the immigration judge issues a final order. This creates a critical time-sensitive situation where immediate legal action is essential. In removal proceedings, your I-751 waiver can serve as a defense against removal, but the immigration court process operates on a different timeline than USCIS administrative processing. An experienced immigration attorney can help coordinate your waiver filing with your removal defense strategy to maximize your chances of success.This means once the immigration judge issues a final removal order, the opportunity to file the waiver ends, and alternative legal strategies must be considered. That’s why it’s so important to act fast and work with an experienced immigration attorney who can protect your status in time.

What Happens If You Receive a Request for Evidence (RFE)?

It’s common for applicants to receive an RFE, asking for more information. But it’s also a critical moment: one misstep could cost you your green card.

An RFE means USCIS needs additional proof before making a final decision. Typical reasons for an I-751 RFE include:

• Insufficient documentation
• Gaps in the timeline of your relationship
• Missing or unclear personal statements
• Conflicting details in affidavits or records

 

Responding promptly and thoroughly is crucial. A strong legal team can help you analyze the RFE, gather the right evidence, and prepare a detailed response that resolves USCIS concerns.

Does Filing a Waiver Extend Your Legal Status?

Yes. USCIS automatically extends your conditional green card for 48 months (4 years) when you properly file Form I-751. This means:

• You remain authorized to work.
• You can legally live in the U.S.
• You can continue your life without fear of falling out of status.

This extension applies while your petition is under review, even if your green card has technically expired. It gives you valuable peace of mind while your case is being processed.

Can You Travel Abroad While Your I-751 Waiver Is Pending?

Yes, but with caution. If you have properly filed Form I-751 and received your receipt notice (Form I-797) confirming the 48-month automatic extension of your conditional green card, you are generally allowed to travel internationally and re-enter the U.S.

However, travel is not recommended if:

• You’re in removal proceedings.
• Your conditional green card has already expired, and you don’t have your receipt notice or extension letter in hand.
• You have other unresolved immigration issues.

You must carry your expired green card and the I-751 receipt notice when traveling to prove your extended lawful status. But because travel during this process can be risky, especially if you’re awaiting a decision or in removal proceedings, it’s strongly advised to consult an immigration attorney before leaving the U.S.

Why Legal Support Is Key?

Filing a good-faith I-751 waiver is more than just paperwork—it’s telling your truth in a way that USCIS can understand and trust. Any mistake, inconsistency, or missed deadline can lead to denial or removal proceedings before an Immigration Judge.

At Immigration Law of Montana, P.C., we’ve helped countless clients navigate these high-stakes waivers with clarity, compassion, and precision.

Just because your marriage ended doesn’t mean your green card has to. If your relationship was sincere and your story is told clearly, you can still secure your future in the United States. Let our experienced legal team help you prepare your I-751 petition.

By Gabriela Veroes, Legal Assistant at Immigration Law of Montana, P.C.

Getting a green card for your spouse remains one of the most common immigration pathways in the United States. Nearly 40% of all family-based green cards are issued to spouses each year, making this process crucial for hundreds of thousands of couples. However, significant changes in 2025 have made the process more complex and scrutinized than ever before.

After 28+ years of practicing immigration law, I’ve guided countless couples through this journey. The fundamentals remain the same, but the details—and the stakes—have changed considerably. Here’s what you need to know about getting a green card for your spouse in 2025.

What’s Changed in 2025: Key Updates

The most significant change is the reinstatement of mandatory in-person interviews for marriage-based green card applications. USCIS has implemented this requirement as part of a comprehensive anti-fraud initiative, recognizing that marriage fraud has become increasingly sophisticated.

Additionally, USCIS has updated critical forms and procedures:

• New Form Requirements: Updated versions of Forms I-130, I-485, and I-129F with stricter formatting and anti-fraud language
• Concurrent Medical Exam Filing: Form I-693 must now be submitted with your initial application packet
• Enhanced Documentation Standards: Higher evidence thresholds for proving bona fide marriages
• Stricter Payment Rules: Separate payments required for each form—no combined payments accepted

These changes reflect a zero-tolerance approach to marriage fraud while maintaining pathways for legitimate couples.

Understanding Your Situation: Which Process Applies?

US Citizen Marrying a Foreign National

If you’re a US citizen married to someone who entered the country legally, you have the most straightforward path. Your spouse may be eligible for adjustment of status, allowing them to get their green card without leaving the United States.

Key advantages:

• No annual visa number limitations
• Faster processing (typically 8-13 months)
• Spouse can remain in the US during processing
• Work authorization available while case is pending

Lawful Permanent Resident (Green Card Holder) Marrying a Foreign National

This scenario involves additional complexity. Spouses of green card holders fall under the F2A preference category, which means:

• Visa number limitations apply – currently over 1.17 million approved petitions are waiting for visa availability
• Longer wait times – particularly for applicants from high-demand countries like Mexico, India, China, and the Philippines
• Two-step process – first the petition approval, then waiting for visa availability

When Your Spouse Entered Without Inspection

If your spouse entered the United States illegally, they cannot adjust status here, regardless of your marriage. They must use consular processing, which creates additional challenges:

• Mandatory departure from the US for consular interview
• Potential 10-year bar if they’ve been unlawfully present for over one year
• Waiver requirements – typically the I-601A provisional waiver before departure

This scenario requires careful planning and often involves significant risk.

 

The Process: Step-by-Step for 2025

Step 1: File Form I-130 Petition

The US citizen or permanent resident spouse files Form I-130 to establish the qualifying relationship. Under 2025 requirements:

• Must use the current form edition (check USCIS website for latest version)
• Include comprehensive evidence of bona fide marriage
• Pay separate filing fee (currently $675)
• Expect enhanced scrutiny of supporting documentation

Step 2: Determine Your Path

For Adjustment of Status (if spouse is in the US legally):

• File Form I-485 concurrently or after I-130 approval
• Include Form I-693 medical examination (mandatory concurrent filing)
• Apply for work authorization (Form I-765) and travel document (Form I-131) if desired

For Consular Processing (if spouse is outside the US or entered illegally):

• Wait for National Visa Center processing after I-130 approval
• Complete DS-260 online application
• Attend consular interview in spouse’s home country

Step 3: Prepare for Mandatory Interview

All marriage-based applications now require in-person interviews. This represents a return to pre-2017 procedures and reflects USCIS’s commitment to fraud detection.

Interview preparation essentials:

• Comprehensive documentation of your relationship timeline
• Joint financial records, lease agreements, insurance policies
• Photos spanning your relationship
• Affidavits from family and friends
• Detailed knowledge of each other’s background, family, and daily routines

Step 4: Conditional vs. Permanent Status

If you’ve been married less than two years when the green card is issued, your spouse receives a conditional green card valid for two years. You must file Form I-751 to remove conditions before the card expires.

Marriages of two years or more at the time of green card issuance receive immediate 10-year permanent resident cards.

Common Challenges and How to Address Them

Large Age Differences

Significant age gaps between spouses trigger additional scrutiny. Document your relationship’s development thoroughly, including how you met, courtship timeline, and shared life goals.

Different Cultural or Language Backgrounds

USCIS recognizes legitimate international marriages but looks for evidence of genuine communication and shared experiences. Translation services, travel records, and cultural integration efforts strengthen your case.

Previous Immigration Violations

Prior overstays, visa violations, or removal proceedings don’t automatically disqualify you, but they require careful legal analysis. Waivers may be available, but timing and strategy are crucial.

Military Families

Military spouses may qualify for Parole in Place, which can cure unlawful entry and allow adjustment of status in the United States. This discretionary benefit requires strong evidence of hardship and military service.

Financial Requirements: Affidavit of Support

The US citizen or permanent resident must file Form I-864, proving they can financially support their spouse at 125% of the federal poverty guidelines. Current minimums for 2025:

• Household of 2: $26,200 annual income
• Household of 3: $33,000 annual income
• Additional persons: Add $6,800 per person

If you don’t meet income requirements, joint sponsors or asset-based calculations may be available.

Processing Times and Costs

Current processing times (as of 2025):

• Form I-130: 10-15 months
• Form I-485 (adjustment): 8-13 months
• Consular processing: 12-18 months total

Total costs:

• Adjustment of status: Approximately $3,005
• Consular processing: Approximately $1,340
• Legal fees vary but typically range from $2,500-$5,000

Red Flags That Trigger Additional Scrutiny

Based on my experience, certain factors consistently result in enhanced review:

• Short courtship periods before marriage
• Limited shared residence history
• Significant financial disparities between spouses
• Previous marriage-based petitions by either party
• Inconsistent statements in forms or interviews
• Lack of commingled finances or shared obligations

Why Professional Help Matters

The 2025 changes have made marriage-based green card cases significantly more complex. What used to be straightforward paperwork now requires strategic planning, comprehensive documentation, and careful preparation for mandatory interviews.

In my 28+ years of practice, I’ve seen how small mistakes can derail cases and create years of delays. The current environment demands precision and expertise to navigate successfully.

State-Specific Considerations for Montana, North Dakota, and Wyoming

Our regional location creates unique advantages:

• Lower case volumes often mean faster processing at local USCIS offices
• Experienced local officers who understand our agricultural and energy industry employment patterns
• Reasonable travel distances to interview locations in Helena or Denver
• Strong community ties that support evidence of bona fide marriages

Next Steps: Getting Started

If you’re ready to begin the green card process for your spouse, here’s what I recommend:

1. Gather comprehensive relationship documentation – start this process early
2. Assess any potential complications – prior immigration violations, criminal history, or complex family situations
3. Develop a strategic timeline – coordinate work authorization, travel needs, and family planning
4. Prepare financially – budget for government fees, legal costs, and potential travel expenses

The marriage-based green card process has become more challenging in 2025, but it remains a reliable path to permanent residence for genuine couples. With proper preparation, comprehensive documentation, and experienced legal guidance, you can successfully navigate this process.

Success in this area requires both knowledge of current law and practical experience with USCIS procedures. After nearly three decades of practice, I’ve developed the insights and strategies that make the difference between approval and denial.

Ready to start your spouse’s green card process? Contact our office to schedule a consultation and learn how we can help you navigate the 2025 requirements successfully.