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  Can You File an I-751 Petition Without Your Spouse

  Apr 24, 2023

   

  Can You File an I-751 Petition Without Your Spouse? Exploring Options for Divorced or Separated Conditional Permanent Residents

   

  Conditional permanent residency is a status given to individuals who receive a green card through marriage to a U.S. citizen or permanent resident. This status is valid for two years, after which the couple must file an I-751 petition to remove the conditions and make the residency permanent.

   

  However, what happens if the couple is no longer together? Can a conditional permanent resident file an I-751 petition without their spouse? In this blog, we will explore the options available for those who are divorced or separated from their U.S. citizen or permanent resident spouse.

   

  Filing Form I-751 with a Waiver

  If a conditional permanent resident is divorced or separated from their spouse and the marriage was entered into in good faith, they can file an I-751 petition with a waiver of joint filing. This means that they are asking USCIS to waive the requirement that both spouses file the petition together.

   

  To be eligible for a waiver, the conditional permanent resident must prove that:

   

  • The marriage was entered into in good faith and not solely for the purpose of obtaining a green card;

  • The conditional permanent resident would suffer extreme hardship if they were to return to their home country; or

  • The marriage was terminated through divorce or annulment, and the conditional permanent resident was not at fault for the marriage breakdown.

   

  It is important to note that the burden of proof is on the conditional permanent resident to provide sufficient evidence to support their waiver request. This can include documentation such as a divorce decree, evidence of abuse, and affidavits from friends and family members.

   

  Filing Form I-751 with a Request for Termination of Marriage

  If the marriage was terminated through divorce or annulment, and the conditional permanent resident was at fault for the marriage breakdown, they may still be eligible to file an I-751 petition with a request for termination of the marriage.

   

  In this case, the conditional permanent resident must provide evidence that the marriage was terminated, and that they were not at fault for the breakdown of the marriage. They must also provide evidence that the marriage was entered into in good faith.

  
  
  
   

  Filing Form I-751 with Evidence of Abuse or Extreme Cruelty

  If a conditional permanent resident is divorced or separated from their spouse and they have suffered abuse or extreme cruelty during the marriage, they may be eligible to file an I-751 petition with evidence of abuse or extreme cruelty.

   

  This requires the conditional permanent resident to provide evidence of the abuse or extreme cruelty, such as police reports, medical records, or affidavits from witnesses. They must also provide evidence that the marriage was entered into in good faith.

   

  Filing Form I-751 Late

  If a conditional permanent resident is divorced or separated from their spouse and they failed to file their I-751 petition before the expiration of their conditional green card, they may still be eligible to file the petition late.

   

  To file the I-751 petition late, the conditional permanent resident must provide evidence that the delay was due to extraordinary circumstances beyond their control, such as a serious illness or family emergency.

   

  It is important to note that filing the I-751 petition late can result in significant delays in processing and may increase the likelihood of USCIS initiating removal proceedings.

   

  Conclusion

   

  If you are a conditional permanent resident who is divorced or separated from your U.S. citizen or permanent resident spouse, you may still be eligible to file an I-751 petition to remove the conditions on your residency. However, the process can be complex, and it is important to consult with an experienced immigration lawyer to determine the best course of action.

  Tags: Abuse, marriage, evidence, spouse, citizenship, green card, immigration, I-751, permanent resident, removal of conditions, USCIS, immigration lawyer, affidavits, Divorced, Separated, conditional, waiver, annulment, termination of marriage, cruelty

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