I-751 WAIVER

For conditional residents who obtained status through marriage to be a permanent resident
but CANNOT FILE JOINTLY

When filing the I-751 Petition for Removal of Conditions, it is typically necessary to file jointly with one’s spouse. However, if you qualify for a waiver, you can file a I-751 and a request to waive joint filing requirements.  If you are able to file jointly with your spouse, please see I-751 Removal of Conditions.

Waiver Qualifications

If you are no longer with your U.S. Citizen spouse, you may still qualify for an I-751 if you:

  • Are a child and, for a valid reason, cannot be included in your parents’ application
  • Are a widow[er] who entered into your marriage in good faith
  • Entered into a marriage in good faith even though you have now divorced
  • Entered into a marriage in good faith, but either you or your child were abused/battered by your U.S.-citizen or permanent-resident spouse.
  • Entered into a marriage in good faith, but would suffer extreme hardship if you were to return to your country of origin.

KEY POINTS TO ESTABLISH

  1. Bona Fide: You entered the marriage without the intent to seek immigration benefits.
  2. Waiver Qualification: You must prove one of the qualifications above.

At Tsang & Associates, our experienced attorneys will assist you in filing the I-751 proving that you had entered into the marriage without the intent to seek immigration benefits. We want to help you implement these Keys to Success to make the process as smooth as possible.

If you want to learn more or want to take the next step, here is our I-751 Waiver process, checklist, and fees.  You can also check out our FAQ for I-751 Waiver.