Your marriage ended before the conditions came off your green card

What this is

A conditional green card obtained through marriage normally has its conditions removed by a petition filed jointly with the spouse you married. Where that is not possible, the petition is still the same form — what changes is the basis you file it on. USCIS recognises an individual filing request where the spouse or stepparent has died, and three waivers of the joint filing requirement: where the marriage was entered in good faith but ended in divorce or annulment, where there was battery or extreme cruelty during the marriage, and where removal would cause extreme hardship. A conditional resident child who cannot be included on a parent's petition may also file separately.

Source: uscis.gov

Which basis applies

• **Still married to the petitioning spouse** — joint filing.
• **Your spouse, or a stepparent, has died**, and the marriage was entered in good faith — an individual filing request rather than a waiver.
• **The marriage was entered in good faith but ended through divorce or annulment** — the good faith (divorce) waiver.
• **The marriage was entered in good faith, but during it the petitioning spouse battered you or your child, or subjected either of you to extreme cruelty** — the battery or extreme cruelty waiver. A conditional resident child has their own route here where they cannot be included on a parent's request.
• **Termination of your status and removal from the United States would cause extreme hardship** — the extreme hardship waiver.
• A conditional resident child may file separately on any of these where they are not included on a parent's petition.

Source: uscis.gov

Can you rely on more than one reason?

Yes, and USCIS says so directly: when filing Form I-751 requesting a waiver you may select every basis that applies, and USCIS considers eligibility for all the grounds requested. Where more than one applies, it approves the waiver on one category only — so selecting several is a way of putting your whole situation in front of the officer rather than a way of collecting several approvals. Nothing in that language asks you to choose the strongest one in advance and stake everything on it.

Source: uscis.gov

When you can file on one of these bases

The 90-day window that governs a joint petition is not the rule here. USCIS states that where you are not filing jointly and are requesting a waiver of the joint filing requirement, you may file individually — or with a waiver request, depending on the circumstance — at any time before your conditional permanent resident status expires. The same is true for a conditional resident child filing separately with a stepparent. The date your status expires is on your green card, and it is the date to work back from.

Source: uscis.gov