How to File an I-751 Waiver: A Complete Guide

If you find yourself needing to file an I-751 waiver, you’re likely facing challenges on your path to U.S. citizenship.

Whether your marriage has ended, your spouse refuses to cooperate, or you’re dealing with other extraordinary circumstances, this helpful guide will break down everything you need to know about filing an I-751 waiver, ensuring that you stay on track toward securing your permanent resident status.

Form I-751 vs. Waiver

Form I-751, Petition to Remove Conditions on Residence, is an essential document for anyone with a conditional green card.

Conditional residents typically have a two-year conditional permanent resident status based on their marriage to a U.S. citizen or lawful permanent resident. Filing Form I-751 petitions USCIS to remove the conditions on your residency, granting you a 10-year permanent resident card.

An I-751 waiver is a petition used by conditional residents who can’t file Form I-751 jointly with their spouse to remove conditions on their green card. Normally, both spouses must file a joint petition to prove the marriage is in good faith. However, if circumstances like divorce, abuse, or extreme hardship arise, one spouse can file for a waiver of the joint filing requirement.

Eligibility for an I-751 Waiver

You may qualify for an I-751 waiver if any of the following conditions apply:

• You entered into your marriage in good faith, but it ended in divorce or annulment.
• You’re suffering or have suffered extreme cruelty or physical or mental injury at the hands of your U.S. citizen spouse.
• The non-petitioning spouse has passed away.
• You would suffer extreme hardship if removed from the U.S.

Each case requires thorough documentation to prove the circumstances surrounding your situation.

Proving a Good-Faith Marriage

USCIS is particularly vigilant about ensuring that applicants have entered into their marriages in good faith and not trying to evade immigration laws.

To prove this, you must provide evidence like:

• Marriage photos
• Letters, text messages, or emails exchanged during the relationship
• Joint bank accounts or investments
• Records of marriage counseling or other attempts to preserve the relationship

USCIS officials will examine this evidence closely when deciding how to rule on your petition.

What Happens If You’re Divorced?

If your marriage ended before filing, include your finalized divorce decree and documentation showing that your marriage was bona fide. USCIS recognizes that even legitimate marriages can fail due to irreconcilable differences or other issues.

Those in pending divorce proceedings must provide proof that the process has been initiated and explain the delay. Once the divorce is finalized, they’ll need to update USCIS with the required documents.

Filing an I-751 Waiver Based on Extreme Hardship

If you choose to go this route, you must demonstrate that deportation would result in extreme hardship.

Some examples of conditions that might create undue hardship include:

• Family ties to the U.S.
• Medical conditions requiring treatment in the U.S.
• Financial dependency or job-related hardships
• Conditions in your home nation that make returning unsafe

USCIS provides a comprehensive list of conditions that qualify as extreme hardship on its website.

Filing an I-751 Waiver Due to Abuse or Cruelty

Victims of extreme cruelty or abuse can file for a waiver to protect their immigration status.

Doing so will require such evidence as:

• Police reports or restraining orders
• Medical records documenting injuries
• Affidavits from friends, family, or mental health professionals

USCIS takes these claims seriously but requires detailed proof for validation purposes.

How to File an I-751 Waiver

Let’s look at the steps required for filing a successful I-751 waiver:

Gather Supporting Documentation

This step is critical. To show that your marriage was bona fide, you should be prepared to provide as much evidence as possible, such as:

• Joint bank accounts
• Birth certificates of children from the marriage
• Utility bills and lease agreements
• Photos and correspondence substantiating the relationship

If your marriage has ended, include your final divorce decree or spouse’s death certificate as applicable.

Complete Form I-751

When filling out the form, indicate that you’re filing a waiver request rather than a joint petition. Then, check the appropriate waiver basis for your circumstances (e.g., divorce, hardship, abuse). Remember that you’ll need to offer detailed evidence of the conditions you’re claiming.

Write a Personal Statement

Your personal statement should explain your situation in detail, such as why your marriage ended or how you’ve suffered extreme hardship. Be honest and thorough, but include only relevant facts.

Pay the Filing Fee

The filing fee for Form I-751 is $750, which includes the cost of biometrics services. Make sure your payment method is valid and include proof of payment when submitting your form.

Submit the Petition

Send your completed Form I-751, supporting documentation, and payment to the appropriate USCIS lockbox address based on your state of residence.

What to Expect After Filing the Waiver

After filing your Form I-751 waiver, USCIS will send you a receipt notice and extend your conditional permanent resident status while your case is under review.

You’ll likely need to attend a biometric services appointment, where your fingerprints and photo will be taken. If the agency needs more documentation, it will issue a Request for Evidence (RFE). Make it a point to respond promptly with the requested information.

USCIS may need to interview you to further evaluate your case. Be prepared to discuss the particulars of your marriage or explain your claim of extreme hardship.

What If USCIS Denies Your I-751 Waiver?

If USCIS denies your petition, it may initiate removal proceedings, in which case you’ll have the opportunity to present your case before an immigration judge. If this happens, it will be vital to consult an experienced immigration attorney to build a strong case.