REMOVAL OF CONDITIONS WAIVER

Married couples request the removal of conditions using Form I-751. The form must be submitted to the government with the evidence that the couple is still married in good faith. The package must include government fees and civil documents.

If you received a 2-year green card through marriage and your marriage did not last, you may be wondering what will happen if your spouse cannot join you to remove the conditions.  If you do not submit a Form I-751 petition before your green card expires, you will lose your permanent residency and your permission to live in the United States.   However, you may be able to apply for the removal of conditions with a waiver of the joint filing requirement.  This process is generally known as an I-751 waiver.  A waiver of the joint filing requirement ensures that you can stay in the United States even though you are no longer married.

You need an I-751 waiver if: 1) you have a 2-year green card through marriage, 2) your marriage ended in divorce before your green card expires, and 3) you cannot file a Form I-751 Petition to Remove Conditions on Residence with your spouse.

An immigration attorney can analyze your specific situation to determine if you qualify for an I-751 waiver after divorce.  Generally, you qualify for an I-751 waiver after divorce if:

1. You demonstrate that your removal from the united states would result in extreme hardship;
2. You entered the marriage in good faith, but the marriage ended for a reason other than the death of your spouse; or
3. You demonstrate that you entered the marriage in good faith, but you or your child(ren) was the victim of abuse by the spouse.

The burden is on you to prove that you qualify for a waiver.  Therefore, it is important that you submit a strong and compelling petition with excellent supporting evidence.  Such evidence should include, but is not limited to:

1. A detailed affidavit from the applicant explaining your history with your former spouse and the reasons why you are requesting an I-751 waiver,
2. Evidence that you entered the marriage in good faith,
3. Evidence that you and your former spouse had a good faith marriage,
4. Affidavits or statements from others who can attest to your relationship with your former spouse, and
5. Copy of your divorce judgment or divorce decree.

If you apply for an I-751 with a waiver, but your divorce is not final, USCIS will send you a Request for Evidence asking for the divorce judgment/decree.  You must submit this to USCIS by the date specified in the letter.  Failure to do so will result in a denial of your petition.  You may still be eligible to submit a subsequent I-751 waiver request once you have the final divorce judgment.