During this time, it’s possible that the conditional green card will expire and the conditional resident becomes removable (deportable) from the United States. Divorces can take several months to finalize.
This presents an additional complication for I-751 petitioners that won’t be filing jointly. Generally, a divorce must be final before you may file Form I-751 and USCIS can make a decision. RECOMMENDED: I-751 Waiver After Divorce: Filing without the Ex When a Divorce isn’t Final We highly recommend speaking to an immigration attorney if your spouse won’t sign Form I-751 (and before trying to file by yourself). However, filing with a waiver does make your case more complicated.
You should prepare Form I-751, Petition to Remove Conditions on Residence, and select the appropriate category in Waiver Filing Request (Part 3).