I-751 REMOVAL OF CONDITIONS – REMOVING CONDITIONS ON RESIDENCY (DIVORCE & ABUSE WAIVERS)
If you received a 2-year “conditional” green card through marriage, you will need to file an I-751 petition (petición I-751 en español) to remove the conditions and obtain a 10-year permanent resident card. This process is essentially a second step for marriage-based immigrants to prove that the marriage was bona fide (genuine) and to continue their lawful status. Our firm has a dedicated focus on I-751 cases – especially those involving difficult situations like divorce, separation, or spousal abuse. We understand that life can change a lot in two years. If your marriage has ended or your spouse refuses to help with the I-751, do not panic. You have the option to file for a waiver of the joint filing requirement, and we are here to help you navigate it successfully.
The I-751 Process
Normally, a husband and wife file a joint I-751 petition within the 90-day period before the 2-year green card expires. This joint petition includes evidence that the marriage is ongoing and in good faith (shared finances, cohabitation, children together, etc.). If approved, the conditions are removed and you become a regular 10-year green card holder. But what if you can’t file jointly? Many of our clients come to us because the marital relationship has broken down before the 2-year mark – due to divorce or, in many cases, due to abuse or abandonment by the petitioning spouse. The good news is U.S. law allows you to file the I-751 on your own, with a waiver, if certain circumstances apply.
You can file an I-751 waiver on your own if:
You entered the marriage in good faith, but the marriage has ended in divorce. (This is often called the “divorce waiver” – you’ll need a final divorce decree to include with your petition.)
You married in good faith, but during the marriage you were subjected to battery or extreme cruelty by your U.S. citizen or LPR spouse (or your child was abused by your spouse). (This is the “abuse waiver,” intended to protect survivors of domestic violence. You do not have to stay in an abusive marriage just to keep your green card – the law explicitly allows you to file alone if there’s abuse.)
Your deportation would result in extreme hardship (this is a less common waiver basis and requires showing very unusual hardships if you had to leave the U.S.).
Additionally, if the petitioning spouse has died, you can convert the I-751 into a waiver filing as well (the law treats that slightly differently, and we handle those cases too).
Acting quickly is very important to avoid falling out of status. We guide clients on when and how to file to best protect their status.
Challenges We Handle
Many self-filers worry about proving a good-faith marriage without their spouse’s help, or proving abuse without obvious evidence. This is where our expertise is invaluable. We help you put together a compelling packet of evidence: documents from the marriage (joint leases, bills, photos, affidavits from friends), plus personal affidavits detailing the relationship. For abuse cases, any credible evidence is accepted – that can include personal statements, counseling reports, shelter records, texts/emails showing threats or patterns of control, medical reports, etc. USCIS understands victims may not have police reports or restraining orders, so we work with whatever you have and frame it effectively. Our attorneys often include a detailed legal brief explaining how your evidence meets the requirements.
Don’t Be Intimidated by the I-751
We often tell clients, “Your story didn’t end with a divorce or abuse. We’ll help you write the next chapter.” It’s critical to file the I-751 timely, but even if you missed the deadline, we may be able to explain and file late with good cause. If USCIS schedules an interview, we prepare you and attend with you. Having counsel at the interview can make a huge difference, especially in contested or sensitive cases. We’ll make sure the officer treats you fairly and understands your evidence.
Special Focus: Divorce and Non-Cooperative Spouses
A large portion of our I-751 clients are those whose spouse either refuses to sign the joint petition, is intentionally stalling, or has threatened to sabotage their status. Know this: your spouse does not have the final power over your green card. Even if they won’t sign or you’re separated, we can help you file on your own. If your spouse is delaying until the card expires to control you, that is a form of abuse we recognize – and so do adjudicators. We can convert what might seem like a simple “non-cooperation” case into an abuse waiver in some instances, because financial or emotional abuse often underlies a spouse’s refusal to help. We bring these nuances to light in our filings. We have won cases where the U.S. spouse tried to get the immigrant’s green card revoked out of spite – with a strong waiver application, our client kept their residency and gained independence from that manipulation.
What Happens After Filing?
Once your I-751 petition (joint or waiver) is filed, USCIS will issue a receipt notice extending your conditional green card for (currently) 48 months beyond the card’s expiration date, so you remain in status while waiting. Processing times for I-751 can exceed a year, but we keep track of your case. During this period, you generally have the same rights as a normal permanent resident (you can work, travel with the extension, etc.). USCIS might waive an interview for well-documented cases, especially joint filings with strong evidence. In waiver cases, interviews are common but not guaranteed. If an interview is scheduled, it’s often to verify the authenticity of the marriage or details of the abuse; we will thoroughly prepare you for any questions and be by your side.
In the best-case scenario, USCIS will approve your I-751 and mail you a 10-year green card, clearing the way for you to eventually apply for naturalization.
Success Story
Our Commitment
When you hire us for your I-751, you get a dedicated team who will treat your case as a priority. We know a lot is at stake – your ability to remain with your family or continue your life in the U.S. depends on this petition. We leave no stone unturned: from making sure you use the current form and correct fee (avoiding technical rejections), to double-checking that we’ve answered every question on the form (an incomplete form can be rejected), to assembling a clear evidence packet that tells your story. Our attorneys stay updated on the latest USCIS policy shifts, such as whether interviews are being waived for certain cases or how the new 48-month extensions work. We will keep you informed at every step. And if you ever have questions or anxieties during the wait, we encourage you to reach out – we’re here to support you, not just file papers and disappear.
Remove Conditions with Confidence
If your two-year card is expiring within the next year (or has already expired) and you need help with the I-751 – especially under challenging circumstances – contact us as soon as possible. The sooner we start, the better we can protect your status. We have over 15 years of experience guiding immigrants through this exact process. Let our knowledge, skill, and compassion be your strength. Your dream of permanent residency will not be derailed – not by a divorce, not by an uncooperative spouse, and not by bureaucratic hurdles. Schedule a case evaluation today, and take the next step toward securing your future in the United States, on your own terms.
Frequently Asked Questions – I-751
If you received a marriage-based green card that was valid for 2 years (a conditional green card), you must file Form I-751, Petition to Remove Conditions on Residence, in order to get a permanent 10-year green card. This process is essentially a second step to prove that your marriage was entered in good faith and not for immigration purposes. It’s critical to file the I-751 on time (within the 90-day window before your 2-year card expires). Once you file, your residence is extended while the petition is pending. Upon approval, the conditions are removed and you become a full permanent resident with a regular 10-year card.
Failing to file the I-751 by the deadline can result in your status expiring, and you could become removable (deportable) from the U.S. If you missed the deadline, it’s important to contact an attorney immediately. In some cases, USCIS will accept a late filing if you can show good cause (e.g., you didn’t file on time due to hospitalization, serious illness, or other extraordinary circumstances). But you shouldn’t rely on that – it’s best to file on time. If your status has already expired, you are at risk and should seek legal help to file as soon as possible with an explanation for the delay.
Yes, it is possible. If you cannot file jointly with your spouse due to divorce, abuse, or other reasons, you may request a waiver of the joint filing requirement. There are different waiver grounds, including: your marriage was entered in good faith but ended in divorce, or you suffered battery/extreme cruelty by your U.S. spouse, among others. In these cases, you can file the I-751 on your own (solo) at any time after divorce or separation – you don’t have to wait for the 90-day window if you’re filing with a waiver. You will need to provide evidence either of the bona fides of the marriage and the divorce, or of the abuse (along with proof the marriage was entered in good faith). Our firm has extensive experience with I-751 waivers for clients who are divorced or in abusive marriages. We can help you continue your residency without your spouse’s assistance.
If your spouse will not cooperate in filing the joint petition – whether due to separation, an uncooperative attitude, or a threat not to show up at a potential interview – you should consider filing a waiver petition on your own. Even if you are still legally married but separated, you may qualify under the “extreme cruelty” waiver if there was emotional abuse, control, or other mistreatment. The key is not to miss the filing deadline. We can advise on the best strategy. Many clients come to us saying, “My spouse won’t sign the I-751,” – and we help them file solo so they don’t lose their green card. Don’t delay if this is your situation; get legal advice as early as possible.
If your I-751 is well-documented (joint bank accounts, lease, insurance, photos, children together, etc.), you might be approved without an interview. However, if they have any doubts – or if you filed a waiver (divorce or abuse case) – an interview is more likely so they can question you about the marriage. We prepare our clients thoroughly for the possibility of an interview and attend with you. If you do get called in, we will be by your side to help address any of the officer’s concerns.
If you are filing jointly with your spouse, the I-751 must be submitted during the 90 days before your conditional green card expires. However, if you are requesting a waiver of the joint filing requirement (for example, due to divorce or abuse), there is no deadline — you can file at any time after you receive conditional residence.
PRACTICE AREAS
Our mission is to help clients secure immigration relief and live with peace of mind. A better future for you and your family is within reach. At Moumita Rahman Immigration Attorneys, we fight for your freedom.
