Immigration Issues/I-751 Waiver
Last year I married a foreign-born woman. We went through the proper INS procedure and she currently has her Conditional Resident Status. In 2 years she will be eligible for removal of her Conditional Status. Despite our best efforts, it's apparent the marriage needs to end.
1) At the moment the divorce becomes final does her conditional status evaporate, or is it valid for the full two years?
2) In your estimation, what are the chances of her receiving a I-751 waiver for a marriage that began in good faith but ended in divorce before the 2 years were up? I still care about my wife and don't want her to be penalized for the failure of the marriage.
Thank you for your help,
As soon as the divorce becomes final, she can file the I-751 indicating that her marriage was entered into in good faith but it was terminated. She files it on her own but supports the application with all hte evidence of the marriage from the time she was approved for the conditional card u8ntil you separated.