I-751 Waiver of Joint Filing Requirement

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What is A Waiver of the Joint Filing Requirement:

A Conditional Resident has a two-year green card through marriage. The Application to Remove the Conditions is most often filed by the LPR and his or her spouse.

When the marriage relationship fails, the applicant and his or her spouse do not qualify to file a joint application to remove the conditions. A request for a waiver of the joint filing requirement is the solution. The LPR with conditions may qualify to file to remove the conditions on his of her own.

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Am I Eligible for a Waiver

You may file to remove the conditions of your permanent resident status without your spouse joining you in the filing of the I-751 if:

1. You entered the marriage in good faith, but your spouse subsequently died;

2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or

4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or

5. The termination of your status and removal from the United States would result in Extreme Hardship

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