Joint Filing Waiver based on Extreme Hardship

If you are a conditional permanent resident or the child of a conditional permanent resident, then you must file Form I-751 ("Petition to Remove Conditions on Residence") jointly with either your U.S. citizen/permanent resident spouse or parent.  USCIS created this requirement in order to prove that the marriage was entered in good faith and not merely to obtain immigration benefits.  However, there are limited situations where a conditional permanent resident (spouse or child)  will find him/herself unable to file jointly.  Under these circumstances, USCIS have recognized several waivers of the joint filing requirement in order to make sure victims of circumstances were not punished.

Death


The following process for an alien spouse whose U.S. Citizen spouse is currently deceased. 

  1. Complete Form I-751;
  2. Check the box to waive the joint filing requirement due to the death of your spouse;
  3. Include a copy of the death certificate;
  4. Include all Initial Evidence; and
  5. File Form I-751 with all relevant evidence to USCIS at the correct location. 

Divorce


The following process for an alien spouse who is currently divorced or whose marriage has been annulled. 

  1. Complete Form I-751;
  2. Check the box to waive the joint filing requirement due to termination of marriage;
  3. Include a copy of the divorce decree or official document terminating or annulling the marriage;
  4. Include all Initial Evidence; and
  5. File Form I-751 with all relevant evidence to USCIS at the correct location. 

Battered Spouse/Child

  1. Complete Form I-751;
  2. Check the box to waive the joint filing requirement due to domestic abuse;
  3. Include copies of reports and official records issued by the police, courts, medical personnel, school officials, clergy, social workers and/or social service personnel evidencing the abuse;
  4. Include any documents pertaining to legal steps you took to end the abuse such as an order of protection or evidence that you sought safety in a battered women’s shelter or something of a similar nature;
  5. Include photographs evidencing the injuries you and your children sustained;
  6. Include a copy of the divorce decree if your marriage ended on grounds physical abuse or extreme cruelty;
  7. Include all Initial Evidence; and
  8. File Form I-751 with all relevant evidence to USCIS at the correct location. 

Removal/Deportation

  1. Complete Form I-751;
  2. Check the box to waive the joint filing requirement due to extreme hardship;
  3. Include evidence of factors that would result in extreme hardship for your family in the U.S. if you were deported.  The factors have to have begun after you became a conditional resident.  The hardship must be significantly greater that what most aliens would suffer when deported;
  4. Include all Initial Evidence; and
  5. File Form I-751 with all relevant evidence to USCIS at the correct location. 

Child

  1. Complete Form I-751;
  2. Check the box to waive the joint filing requirement due to separate filing as child;
  3. Include a full explanation of why you are filing separately;
  4. Include copies of documentation explaining why you are filing separately;
  5. Include all Initial Evidence; and
  6. File Form I-751 with all relevant evidence to USCIS at the correct location. 

 

U.S. Visas

Green Cards

U.S. Citizenship

Deportation/Removal