Divorce and Conditional Green Card: Immigration Advice for US Citizens Married to Costa Ricans

Consult an immigration attorney immediately. This is complex, case-specific, and high-stakes.

General Principles

• If you (USC) divorce your conditional permanent resident (CPR) spouse, she may lose status and face removal.
• Exception: She can file Form I-751 with a waiver of the joint filing requirement if she proves:
  • Marriage was entered in good faith (not for immigration), AND
  • Divorce was not her fault (e.g., abuse, abandonment), OR
  • Extreme hardship would result from removal.

Critical Factors

• Length of marriage
• Evidence of shared life (finances, residence, children, affidavits)
• Timing of divorce relative to I-751 filing window (90 days before 2-year green card expiry)

Law changes frequently; only a qualified attorney can assess your specific situation.