If I got a divorce, can I still use Form I-751?

Follow

Typically, you are required to file Form I-751 jointly with the spouse through whom you obtained conditional status. You may apply for a waiver of the joint filing requirement if:

  • Your spouse is deceased; or
  • You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment; or
  • You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
  • Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent's spouse or by your conditional resident parent; or
  • The termination of your status and removal would result in extreme hardship.

The waiver is not a separate form. You should prepare Form I-751, Petition to Remove Conditions on Residence, and select the appropriate category in Waiver Request Filing (Part 2).

If you are applying for a waiver, you should also understand that your petition will be scrutinized more closely. You will need to provide documentation that proves your marriage was not entered for the purpose of evading U.S. immigration laws.

Have more questions? Submit a request

Comments

Powered by Zendesk