In a previous article, “Removing Conditions on Your Green Card Based on Divorce”, we discussed that if you are no longer married to your petitioning U.S. citizen (USC) or legal permanent resident (LPR) spouse, you may request a waiver of the joint filing requirement. In such a situation, you file the I-751 on your own, and include evidence that the marriage was genuine. We further advised that you may file the I-751 waiver at any time after your divorce is finalized, prior to the expiration of your conditional residency.
What if Your USC or LPR Spouse Threatens or Refuses to File a Joint Petition?
As with the case of divorce, you will still need to file Form I-751, with evidence that the marriage was genuine, and request a waiver of the joint filing requirement. The difference is that in such a situation, instead of including proof of your divorce, you must include evidence that your USC/LPR spouse battered you or treated you with extreme cruelty during the marriage.
According to U.S. Citizenship and Immigration Services (USCIS), extreme cruelty includes, but is not limited to, any act of violence or threatened act of violence resulting in physical or mental injury. USCIS defines violence as psychological abuse, sexual abuse, or exploitation.
This waiver is designed to allow conditional residents to obtain their lawful permanent resident status without the cooperation of the abusive USC or LPR spouse.
In this case, you may file your I-751 petition at any time prior to the expiration of your conditional green card.
Due to the serious ramifications of an I-751 denial, it may be prudent to consult with an immigration attorney prior to submitting your petition. Let our experienced immigration attorneys assist you with filing your I-751 petition to ensure a successful outcome. For additional questions on filing your I-751 petition or any other immigration matter, please contact the Law Offices of Azita M. Mojarad, P.C. by e-mailing us at azita@azitalaw.com or calling us at 312.641-0771.