Help Desk:

I obtained conditional permanent residence based on my marriage to a U.S. citizen husband. But before I could apply to have the condition removed at the end of this year, my husband and I divorced last month. I want to know if this affects my status as a conditional permanent resident? and can I apply to remove the conditional permanent residence without my ex-husband's signature?

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Answer:

The divorce does affect your status as a conditional permanent resident. The divorce terminates your conditional permanent residence. But it is still possible for you to obtain a waiver of this kind of termination. 

A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith, and the alien was not at fault for his/her failure to file the joint petition to remove the condition. Therefore, if you can show that the marriage was entered into in good faith, and it is not your fault for failing to file a joint petition, you can obtain a waiver of your conditional permanent residence termination, and can apply to remove the conditional permanent residence without your ex-husband's signature.

 

 

 

 

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