Petition to Removal of Conditions on Permanent Residence with Waiver Form I-751
When your Green Card is conditional, your path to permanent residency requires one more important step: filing Form I-751 to remove those conditions. For many immigrants, this process becomes even more complex when a marriage ends in divorce, abuse, or separation. The good news is that U.S. immigration law allows you to apply for a waiver of the joint filing requirement, and our attorneys can help you every step of the way.
At Immigration Universe Attorneys, we understand how emotional and uncertain this process can feel. Whether your marriage ended unexpectedly or you are facing personal hardship, our legal team helps you prepare a strong Form I-751 waiver petition that protects your status and your future in the United States.
What Is Form I-751 and Why It Matters
Form I-751, known as the Petition to Remove Conditions on Residence, is filed by individuals who obtained their Green Card through marriage to a U.S. citizen or lawful permanent resident. This Green Card is valid for two years and is considered “conditional.”
To keep your lawful permanent resident status, you must file Form I-751 before your conditional Green Card expires. Normally, the form is filed jointly with your spouse. However, if you cannot file together, you may request a waiver that allows you to file on your own.
Failing to remove conditions could lead to the termination of your Green Card and even removal proceedings. That’s why it’s crucial to understand the process, gather the right evidence, and file correctly the first time.
Who Can File Form I-751 With a Waiver
U.S. immigration law recognizes that not every marriage lasts forever, and not every situation is safe or stable. You can file Form I-751 with a waiver under any of these circumstances:
| Reason for Waiver | Eligibility Criteria | Example Situation |
| Divorce or Annulment | You entered the marriage in good faith, but it ended in divorce or annulment. | You married genuinely but later divorced due to irreconcilable differences. |
| Death of Spouse | Your U.S. citizen or resident spouse has passed away. | You were married and living together before your spouse’s death. |
| Abuse (VAWA) | You were subjected to battery or extreme cruelty by your spouse. | You have evidence such as police reports, medical records, or witness statements. |
| Extreme Hardship | You would suffer severe hardship if removed from the U.S. | You have strong ties, family, or medical reasons to remain in the country. |
These waivers exist to protect individuals who entered their marriage sincerely but can no longer file jointly due to circumstances beyond their control.
Common Reasons USCIS Denies an I-751 Waiver
While many applicants qualify for an I-751 waiver, denials are not uncommon. USCIS may deny your petition for reasons such as:
- Lack of sufficient evidence to prove a genuine marriage.
- Submitting the petition after the expiration date.
- Missing documents or incomplete information.
- Inconsistent statements during interviews.
- Failing to respond to a Request for Evidence (RFE).
A denial can lead to removal proceedings, but you still have legal options. Our attorneys can help you prepare a motion to reopen or appeal the decision.
Supporting Evidence for an I-751 Waiver
A strong waiver petition depends on the quality of your evidence. Below is a checklist of documents that strengthen your case:
General Evidence
- Joint lease or mortgage agreements.
- Joint bank statements or credit card accounts.
- Insurance policies listing both spouses.
- Tax returns filed jointly.
- Photos, travel records, and correspondence showing the relationship.
Additional Evidence by Category
- For divorce waivers: divorce decree, statements about how the marriage ended, proof of good faith at the start.
- For abuse waivers: police or medical reports, therapist letters, photos of injuries, affidavits from witnesses.
- For extreme hardship: evidence of family ties, employment, community service, or medical conditions.
Our attorneys review every piece of evidence to ensure it meets USCIS standards and tells a clear, consistent story of your situation.
How an Immigration Attorney Can Help
Filing Form I-751 can be emotionally challenging, especially when personal hardships are involved. At Immigration Universe Attorneys, we handle every case with compassion, confidentiality, and precision.
Here’s how we help you succeed:
- We evaluate your eligibility and recommend the best waiver category.
- We prepare a comprehensive evidence package with legal guidance.
- We communicate directly with USCIS, tracking your petition and responding to any RFE.
- We represent you if your case requires an interview or hearing.
Our priority is to protect your permanent resident status while minimizing stress and uncertainty.
If you are facing this process, visit our main service page to explore how we can assist with all Immigration Services.
Processing Time and What to Expect After Filing
After submitting Form I-751, you will receive a receipt notice (Form I-797) extending your conditional status, usually for 24 months. During this period, USCIS reviews your case and may request additional evidence or schedule an interview.
Typical steps include:
- Receipt Notice: Confirms your case has been received and your Green Card is automatically extended.
- Biometrics Appointment: USCIS collects fingerprints and photos for background checks.
- Review Process: Officers analyze your documents and determine if your marriage was bona fide.
- Approval or RFE: If approved, you will receive a new 10-year Green Card. If not, USCIS may issue a Request for Evidence or schedule an interview.
Processing times vary, but most waiver cases take 12 to 24 months depending on workload and complexity.
Schedule Your Confidential Consultation
Let our team help you understand your rights and legal options.
Phone: +1 (407) 818-1244
Email: service@immigration-uni.com
Address: 7901 Kingspointe Blvd, Ste. 8, Orlando, FL 32819
WhatsApp: +1 (407) 720-8983
Frequently Asked Questions (FAQs)
- Can I file Form I-751 without my spouse if we are divorced?
Yes. You may apply for a waiver if you can prove your marriage was genuine but ended in divorce. It’s important to include documents showing your shared life and evidence of good faith. - What happens if my Form I-751 is denied?
If denied, you may be placed in removal proceedings. Our attorneys can help you appeal the decision or refile with stronger evidence. - How long does it take to get a decision after filing the I-751 waiver?
Most cases take between 12 and 24 months. You will receive a receipt notice that extends your status while USCIS processes your case. - Do I need an attorney for the I-751 waiver?
While not mandatory, hiring an experienced immigration attorney can greatly improve your chances of success. A lawyer ensures that your evidence is complete, consistent, and persuasive.
