“I’m in an incredibly difficult marriage but staying only because of my green card situation. I feel helpless and miserable. Is there any other way to get a green card?”
“I got married in the U.S., but now I’m getting divorced. What will happen to my green card?”
If a marriage that was meant to bring happiness has become a source of pain and despair, you do not have to endure it solely for the sake of a green card. There are ways to apply for a green card without the support of your U.S. citizen or green card holder spouse.
Option 1: Filing Form I-751 (Removal of Conditions) Without Your Spouse
If you were granted a two-year conditional green card, you are normally required to file Form I-751 to obtain a 10-year permanent green card. This typically requires proof that your marriage is ongoing and bona fide.
However, if you divorce before filing or if your spouse refuses to cooperate, you may file Form I-751 independently (a waiver). It is essential that the breakdown of the marriage was not due to your fault. If you are considering this route, we highly recommend consulting with an immigration attorney and submitting thorough supporting documentation.
Option 2: VAWA (Violence Against Women Act)
VAWA provides a pathway to a green card without needing your spouse’s help or knowledge, regardless of whether you have divorced or never received your conditional green card.
You may be eligible if you have experienced abuse, control, manipulation, financial pressure, or violence from your U.S. citizen or green card holder spouse. VAWA petitions are confidential, and your spouse will not be notified of your application.
We have seen many individuals who remain in harmful marriages out of fear of losing their chance at permanent residency. If you or someone you know is suffering in a marriage because of immigration concerns, please know that you are not alone, and you do have options.
Contact Our Family Immigration Lawyer About to Discuss Your Situation
To find out whether you may qualify for I-751 waiver or VAWA, feel free to contact Hayoon Kane Law Firm, PLLC at greencard@hklaw.us. Please include your full name, the date of your marriage and divorce (if applicable), and a brief explanation of your situation, and we will send you a consultation link.
You deserve safety, dignity, and peace — not suffering in silence.
