Renewing your conditional green card (or “removing the conditions on your residence”) requires you to file Form I-751 with your spouse. If you are no longer living together, your spouse can still support your application to renew your conditional green card by signing Form I-751 and providing information and documents for the application. If you are separated, you should explain to USCIS what happened with the relationship.
If you were abused by your spouse, OR if you are divorced, or if your spouse has died, you can file a waiver application (still on Form I-751). However, if you are NOT legally and fully divorced AND your spouse will not help you with the I-751, you can apply for the waiver if there was abuse in the marriage OR if you prove that you will suffer if the I-751 is not approved. If there is no abuse, we advise our clients to move forward with divorce as quickly as possible so that their case is not solely based on hardship.
If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well. Call (617-272-7980) or email email@example.com to get in touch.