Introduction to the I-751 Waiver Guide 

It may sound like an unfamiliar term until you hit an immigrant roadblock to your American dream. For many couples who have been married for under two years, the journey towards securing permanent residency for a spouse involves the I-751 Petition, also known as the Petition, to Remove Conditions on Residence. This means if you receive a conditional green card based on a marriage to a U.S. citizen or lawful permanent resident, this I-751 petition is later filed jointly to remove conditions and transition from conditional residency to permanent residency. However, there are circumstances where joint filing is not possible due to reasons such as divorce or widowhood or abuse, this petition allows the conditional resident spouse to file for the petition with a request to waive the joint filing requirement.  

Understanding the I-751 Petition

The I-751 Petition is typically filed by a conditional resident (someone with a CR1 visa) and their U.S. citizen or Lawful Permanent Resident spouse to remove the conditions on the spouse’s conditional green card within 90 days of its expiration.  This process converts the conditional green card into a permanent one.

This I-751Petition must be filed jointly by both spouses to be eligible. If you are still married and living together, you should submit the petition jointly, showing that your marriage is bona fide and genuine and not to circumvent immigration laws.  Joint filing is the standard approach and reflects a united commitment to meeting the requirements. However, this must be filed within the 90-day period before the conditional green card expires. If you fail to file it after the 90-day period, you must demonstrate evidence of good cause for such failure.

In certain cases, where the couple is no longer together and joint filing is not possible, this petition can be filed by the conditional resident spouse with a request to waive the joint filing requirement. They must show that the marriage was entered in good faith along with additional evidence depending on the circumstances, which is explained below in this blog.  

Who Can Apply for a Form I-751 Waiver?

1. Divorce or Legal Separation

If you’ve gone through a divorce or legal separation from your U.S. citizen or Lawful Permanent Resident spouse, you can apply for a Form I-751 waiver. This waiver allows you to acknowledge the end of your marriage while focusing on proving that it was entered into in good faith. You’ll need to provide evidence that your marriage was genuine, even though it didn’t last at the two-year mark and the termination of your conditional green card would cause extreme hardship to you. 

2. Abuse or Extreme Cruelty

If you have experienced abuse or extreme cruelty from your U.S. citizen or Lawful Permanent Resident spouse, you may qualify for a Form I-751 waiver. This waiver requires you to present evidence of the abuse you endured and how it impacted your marriage. 

3. Death of the U.S. Citizen or Lawful Permanent Resident Spouse

If your U.S. citizen or Lawful Permanent Resident spouse has passed away, you can apply for a Form I-751 waiver. You will need to demonstrate that your marriage was entered into in good faith and provide proof of your spouse’s death. 

When things take an unexpected turn, as mentioned above, it can create a lot of uncertainty. If you find yourself in this situation, you might be worried about what happens with your conditional green card. The good news is you don’t have to go through this alone with HBM Law Offices by your side. 

The I-751 Application Process Overview

The I-751 application process and waiver can be intricate, and understanding each stage can help streamline the journey. Here’s a clear overview of what to expect: 

1. File the I-751 Petition with USCIS: The initial step involves submitting your I-751 petition to U.S. Citizenship and Immigration Services (USCIS). This petition is crucial for removing the conditions on your permanent resident status. During this stage of 6 to 12 months, USCIS will review your marriage’s legitimacy and assess whether it was entered into in good faith.

2. USCIS Review and Decision: Once you’ve filed your petition, USCIS will review it to ensure that all required documentation is complete and accurate. This can take up to 12 months or more from the petition submission. In some cases, they may request additional information or evidence to support your petition or schedule an interview to demonstrate eligibility. Once the decision is made, USCIS will send a notice of their decision. If your petition is approved, you will receive a 10-year green card and if denied, the notice will have an explanation of the reason for such a decision. In most cases, you will be placed in a removal proceeding and it is advisable to consult with an experienced immigration attorney to navigate these challenges effectively and understand your rights and options. 

Processing Time
The average processing time for removing conditions on a permanent residence may take up to 14 to 24 months. 

Ensure a Positive Outcome with HBM Law Offices Professional I-751 Waivers Guidance and Expertise

Are you ready for a change? At HBM Law Offices, we deeply understand the emotional impact and practical challenges you face during the petition to remove conditions on the permanent residence process. Whether you’re dealing with separation, abuse, or extreme hardship, we’re here to provide the compassionate and effective support you need. Our team and principal immigration attorney, Himani Bhardwaj, have extensive experience in handling such cases and can provide you with an end-to-end solution with expert guidance and representation.

If you have questions or need assistance with your petition to remove conditions on permanent residence, please reach out to us.