Who Qualifies For An I-751 Waiver?
Form I-751, Petition to Remove Conditions on Residence, is a U.S. Citizenship and Immigration Services (USCIS) form used by conditional permanent residents to remove the conditions on their residence. Conditional permanent residents are granted permanent residence for a two-year period, typically if it is a marriage-based green card. After the two-year period, they must file Form I-751 to remove the conditions on their residence and become lawful permanent residents. A person who received a green card by marrying a U.S. citizen, and divorces when the marriage was less than 2 years old at the time of approval, can file an I-751 Waiver of Joint Filing.
What Is An I-751 Waiver of Joint Filing?
An I-751 waiver of joint filing allows a conditional permanent resident to remove the conditions on their residence without filing Form I-751 jointly with their U.S. citizen or lawful permanent resident spouse.
There are four types of situations where the USCIS allows the joining filing of an I-751 waiver:
- Marriage was entered into in Good Faith, but the marriage was terminated by annulment or divorce
- Marriage was entered into in Good Faith, but the conditional resident has been battered or subject to extreme hardship by a U.S. citizen spouse or Legal Permanent Resident spouse
- Termination of legal permanent residency and removal would result in extreme hardship
- Death of U.S. citizen spouse or Legal Permanent Resident spouse
If you are eligible for an I-751 waiver for joint filing, you can file Form I-751 on your own. You do not need to file Form I-751 jointly with your spouse.
If you are considering filing an I-751 waiver for joint filing, it is important to speak with an immigration attorney to discuss your specific situation. An immigration attorney can help you understand your options and ensure you file the petition correctly.
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Do You Have Questions About Your Marriage Visa?
Godoy Law Office assists in the removal of conditions of the residence process. If you are completing the petition or it has been denied, a CPR lawyer can help. Call today at 630-912-0322 or use our online contact form to schedule a consultation.
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