If you meet the following criteria, you can file an application for naturalization even if your I-751 petition for removal of conditions is still pending with USCIS.
Normally, both you and your spouse are required to sign the application form. However, if you are in an abusive relationship, you can file the petition for your 10-year green card without your spouse’s knowledge or consent. Your spouse does not have to sign the application.
No, your I-751, petition to remove conditions on residence will not automatically be denied. Even though you and your spouse both signed your application, you must still notify USCIS about your wife’s death. Below is a list of items you need to prepare to file with your request.
To apply for your 10-year green card, you need to provide evidence of your relationship from the time your 2-year conditional green card was approved through the time you apply for your 10-year green card. You need to submit the same categories of evidence, but you do not need to submit evidence that you previously submitted.
If you received your green card through marriage but your relationship is not going well or you have already divorced, it may still be possible to maintain your lawful permanent residency. There are several possible considerations in this regard.
Whether you will receive a 2-year green card or a 10-year green card depends on how long you have been married at the time USCIS approves your application. If, at the time USCIS approves your green card application, you have been married less than 2 years, USCIS will issue you a 2-year conditional green card.
If you have a two-year green card, you can file an application for a ten-year green card 90 days before your conditional green card expires. You must file Form I-751, “Petition to Remove Conditions.” You cannot file Form I-751 earlier than 90 days before your green card expires, and you also should not file this application late.
If you timely filed Form I-751 to apply for a 10-year green card, your resident status will automatically be extended for 24 months after your 2-year green card’s expiration date. You will receive a letter from USCIS confirming that your status is extended by 24 months. You can use your expired green card and the USCIS receipt letter to prove you are allowed to work in the U.S. and travel outside the U.S. for up to 24 months after your green card expires.
The fact that you have divorced your petitioning spouse will definitely make your green card application more difficult, but not impossible. You will need to provide as much evidence as possible to prove you had a bona fide marital relationship with your ex-spouse.