I-751 WAIVER REMOVE CONDITIONS ON GREEN CARD WITHOUT SPOUSE

An I-751 Waiver is for conditional residents who obtained permanent resident status through marriage but cannot file jointly with their spouse. As long as you meet the appropriate I-751 waiver conditions, you may still successfully remove the conditions on your permanent resident card without a spouse.

If you are able to file jointly with your spouse, please see I-751 Removal of Conditions on Green Card.

At Tsang & Associates, we have a long history of helping thousands of clients successfully file for the I-751 to remove conditions on residence without their spouse and we can help you complete that process from beginning to end.

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If you would like to have a quick 10-minute chat with our team before setting up the consultation, feel free to schedule an appointment with us.

I-751 WAIVER PROCESS OVERVIEW

Step 1: Strategy Session for I-751 Waiver Application

This is the most crucial step for your entire I-751 Waiver Application. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit the I-751 Waiver to USCIS and Answer Potential Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

Our attorneys will craft your I-751 arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.

Step 3: USCIS will require that you submit Biometrics to apply for this process

Once your I-751 application is filed, you will have to attend a biometrics appointment that will allow USCIS to conduct a background check and verify your identity. The appointment for the biometric service will be scheduled six (6) months after the application is submitted. Our team will guide you through this process.

Sometimes biometrics are waived because USCIS reuses biotmetrics. This is not guaranteed, but it could happen.

Step 4: Prepare the client for Interview with USCIS (if applicable)

According to USCIS, they will not require every I-751 applicant to have an interview as of 2022. However, if you are required to have an interview with USCIS, then we will help guide you in your preparation for the I-751 interview with the USCIS by simulating the interview and ensuring you are well versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help you succeed during the interview. You can attend the interview by yourself or inquire about our attorney appearance service at an additional cost.

Step 5: Responding to Additional USCIS Requests / Administrative Processing / Status Checks / Fraud Alerts

If additional documents/evidence are needed upon the submission of the case or after the interview, our office will ensure that all necessary documents are submitted to the USCIS office in a timely manner. We will assist you to the best of our ability until the case gets approved or you no longer wants to continue moving forward with the case.

Step 6: Approval is Only The Beginning

Our services do not end when you receive the I-751 waiver application approval, as this step is just the beginning. To help accommodate this reality, we provide guidance over:

I-751 WAIVER COSTS & FEES

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for the entire I-751 waiver process to remove conditions on a Green Card without a spouse or on of the above steps/services. Below are required I-751 Waiver filing fees and our base Iegal fee for a assistance with remove conditions on residence without a spouse.

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I-751w Filing Fee: $595

The most up-to-date I-751 filing fee can always be found on the USCIS’s website or you can use the USCIS Fee Calculator to calculate how much the government filing fees are.

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Biometric Service Fee: $85

All Form I-751 petitions require an $85 biometric service fee for each person that is applying to remove conditions on their residence. Use the USCIS Office Locator to find and schedule your biometric service at the office closest to you.

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I-751w Legal Fee: $5,000

Our base fee for a standard I-751 Waiver case is $5,000, not including government fees and third-party expenses. We are happy to customize a proposal for you during a consultation.

ESTIMATED TOTAL I-751 WAIVER COSTS: $5,000 + Filing Fee & Biometrics

I-751 WAIVER PROCESSING TIME

As with any USCIS petition or application, form I-751 waiver processing times vary depending on the nature of the case. The number of applications and petitions that have been received by USCIS will affect processing times, as will the accuracy of the information and the amount of evidence you provide with your petition.

In our experience, the typical processing time for the I-751 waiver petition for removing conditions on green card without spouse is between 24 and 48 months. You can use the USCIS Processing Timetable to figure out how long the I-751 processing time will take.

Once your petition has been reviewed, you will be contacted by USCIS for an interview, if necessary.

If your petition is approved, USCIS will remove the conditions on your residence and you will become a lawful permanent resident of the U.S.

~24-48 Months

I-751 WAIVER REQUIREMENTS

Eligibility for Form I-751 Waiver

There are certain situations in which a conditional resident may not be able to depend on their spouse to help them file the Form I-751, Application to Remove the Conditions on Residence. The conditional resident may apply for an I-751 waiver of the joint filing requirement by filing the Form I-751 alone (indicating that it is a requested waiver of joint filing requirement called an “I-751 Waiver”), if they can show: 

  • That they entered into the marriage in good faith, but that the marriage was terminated in divorce; and/or 
  • That they entered into the marriage in good faith, but that the marriage was terminated due to the death of the United States citizen spouse; and/or
  • That they entered into the marriage in good faith, and that they were subjected to physical battering and/or extreme mental cruelty; and/or
  • That they would suffer extreme hardship if returned to their country of origin.

Review our Checklist for Required Evidence below to see how to prove each of the above requirements.

Please note that if you are filing an I-751 waiver, you do not have to show your eligibility under all grounds. At the very least, you must meet one of the grounds of eligibility. For example, if you entered into your marriage in good faith and were abused by your spouse but you are not yet divorced, you are eligible under the second ground. If you entered into your marriage in good faith, and were abused by your spouse, and your marriage ended in divorce (with a final divorce decree) during the period of conditional residence, you are eligible under both the first and second grounds. If you meet more than one ground, you should mark more than one box on the Form I-751.

Checklist of Required Evidence

1.) How can I prove that my marriage is “good faith” and I did not get married just to get immigration papers?

Please note that this list is not exhaustive, you may have other documents that prove your marriage was in good faith.

  • A “personal declaration” in which you describe, in great detail, how you met your spouse, why you got married, and the feelings that you had or still have towards him or her, and why.
  • If you and your spouse have a child or children together, present the birth certificate for each child.
  • Wedding pictures and/or photographs of other moments when you and your spouse, and/or other members of your families and friends have been together.
  • Declarations (formal letters) from people who know you and your spouse and who can affirm that your marriage was based on sentimental or cultural ties, who witnessed your marriage ceremony or who knew you as a married couple. These letters should include as many details as possible.
  • Letters that you received from your spouse while you were dating, separated, or during any other stage of your relationship.
  • Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
  • Documents with the names of both you and your spouse that show that you bought a car, a house, furniture, or something else together.
  • A rental agreement for your house or apartment with both of your names on it, or a letter from the building manager or owner proving that you lived together.
  • Letters or statements from a bank that show that you had or have a savings or checking account together.
  • Insurance papers that show that you were or still are covered by your spouse’s insurance plan, or that your plan covers or covered him or her.
  • Bills, such as electricity, water, heat, cable TV, phone, or others that show both your and your spouse’s names.
  • Income Tax Declaration that shows your name and your spouse’s name.
  • An identification card that shows that you use your spouse’s last name.
  • Applications or membership cards for video clubs, grocery stores or similar businesses that show joint membership for you and your spouse.
  • Any other documents or evidence that substantiate your claim that the marriage was not entered into solely for the purpose of obtaining immigration benefits.

2.) How can I show that I am no longer married?

A document that shows your marriage has been terminated either through divorce, annulment, or death is evidence that you are no longer married. In most cases, this would be an order from a judge.

3.) How can I show that my spouse abused me physically or psychologically?

There are many different ways to show that your spouse abused you. The following is a list of possibilities:

  • In your personal declaration, you should explain how your spouse treated you and/or your children. If your spouse has ever physically harmed or beaten you, describe those incidents. Be sure to include dates and descriptions of any injuries you sustained. If your spouse has threatened you in any way, including with deportation, separation from your children, death, or injuries to you or someone else, describe these threats. If he or she has made sexual demands on you; has denied you economic support; has kept you isolated; or engages in or has engaged in any other behavior that has made you fear for your own safety or for someone else’s, write as much about this as possible. Try to write about how it made you feel when he or she threatened, hit, insulted, or in any other way tried to control you. All of this will serve as evidence of abuse or extreme mental cruelty.
  • If there are other people who know about the way your spouse or parent has treated you, you should present letters from these people. If there is no one you can ask to write a letter for you, be sure to explain why not in your declaration.
  • If, at any time, you or someone else called the police because they suspected or knew that your spouse was hurting you, you should try to obtain the police report.
  • Past or present court orders that prohibit your spouse from approaching you or your children.
  • Hospital or clinic reports that show that you were physically assaulted and/or emotionally harmed by your spouse, even if you did not tell the person helping you the truth about how you got hurt.
  • If you or your children have attended a support group for survivors of domestic violence, or if you have or continue to see a mental health professional, the support group facilitator or therapist could write a letter to support your case. If you have received the assistance of a shelter or other center for survivors (victims) of sexual abuse or domestic violence, a staff member at the agency could write a letter regarding what he or she knows about your case.

4.) How can I show that I will suffer extreme hardship if I have to go back to my country of origin?

One way to show you are eligible for an I-751 waiver is to show that you are afraid of what would happen to you if you were returned to your country of origin. In order to establish your eligibility under this provision, consider the following:

  • In your personal declaration, explain what would happen to you if you had to return to your country of origin. For example, if you have been a victim of domestic violence or sexual assault, describe the physical and psychological consequences of the abuse you have suffered; the impact of the loss of access to United States courts and criminal justice system; your ongoing need for social, medical, mental health, or other supportive services; the existence of laws, social practices, or customs in your country that would punish you or your children for having been a victim of abuse, leaving the situation, or taking actions to stop the abuse; your abuser’s ability to travel to the foreign country; the likelihood that the abuser’s family, friends, or others would harm you; any political or religious reasons that would lead to persecution.
  • If there are other people who know about what would happen to you if you had to return to your country of origin, you should present letters from these people.

If you are filing an individual request because of the death of the petitioning spouse, did you provide the following?

  • Copies of the front and back of your Permanent Resident Card
  • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
  • Evidence of the relationship
    • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws
    • Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date
  • Your spouse’s death certificate
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
  • Dispositions on criminal charges, arrests, or convictions (if applicable)
  • If you are filing from overseas:
    • Two passport-style photographs for each petitioner and dependent, regardless of age
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age
    • A copy of current military or government orders if filing based on military or government service

If you are filing a waiver of the joint filing requirement due to a termination of marriage other than through death of the petitioning spouse, did you provide the following?

  • Copies of the front and back of your Permanent Resident Card
  • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
  • Evidence of the relationship
    • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws
    • Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date
  • Your final divorce or annulment decree
  • Evidence demonstrating any circumstances surrounding the end of the relationship
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
  • Dispositions on criminal charges, arrests, or convictions (if applicable)
  • If you are filing from overseas:
    • Two passport-style photographs for each petitioner and dependent, regardless of age
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age
    • A copy of current military or government orders if filing based on military or government service

If you are filing a waiver of the joint filing requirement because you and/or your conditional resident child were battered or subjected to extreme cruelty, did you provide the following?

NOTE: With respect to abuse waivers, you may file your form with any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given is within the sole discretion of USCIS.

  • Copies of the front and back of your Permanent Resident Card
  • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
  • Evidence of the relationship
    • Submit copies of documents indicating that the marriage upon which you were granted status was entered in good faith and was not for the purpose of circumventing immigration laws
    • Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date
  • Evidence of abuse
  • Your final divorce or annulment decree if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
  • Dispositions on criminal charges, arrests, or convictions (if applicable)
  • If you are filing from overseas:
    • Two passport-style photographs for each petitioner and dependent, regardless of age
    • Two completed Form FD- 258 Fingerprint Cards for each petitioner and dependent 14 to 79 years of age
    • A copy of current military or government orders if filing based on military or government service

If you are filing a waiver of the joint filing requirement because the termination of your status and removal would result in extreme hardship, did you provide the following?

  • Copies of the front and back of your Permanent Resident Card
  • Two passport-style photographs for each petitioner and dependent, regardless of age
  • A copy of current military or government orders if filing based on military or government service
  • Copies of the front and back of the Permanent Resident Cards of any conditional resident children you are including in your petition (if applicable)
  • Evidence of extreme hardship
  • An explanation for the reason you are filing separately from your primary conditional permanent resident parent (if applicable)
  • Dispositions on criminal charges, arrests, or convictions (if applicable)

I-751 Waiver Samples & Templates

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Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-751 waiver.

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Cover Letter: [coming soon] We will also provide a cover letter sample for the I-751 waiver to remove conditions on Green Card without a spouse.

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Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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Removal of Conditions Interview Questions: [coming soon] We’ll help you practice & adequately answer the most common I-751 interview questions.

I-751 WAIVER FAQS

For more frequently asked questions related to I-751 filing, including why conditional residence only lasts two years and filing for children, please see our information on standard I-751 petition to remove conditions on residence.

  • When should I file my I-751 Waiver Form?

    You can file your I-751 Waiver at any time; however, it is highly recommended to submit your I-751 Waiver before your conditional green card expires. In the case that your conditional green card is expired or you are filing alone, you can possibly still file an I-751 Waiver. For more information about when you should file, please schedule a consultation with us.

  • Will there be an interview after I file my I-751 Waiver?

    As of 2022, not every I-751 Waiver applicant is required to have an interview. However, if you receive notice that you must attend an interview, then we will help guide you through the interview process.

  • What happens if my spouse does not want to cooperate? What if my spouse does not want to sign the I-751 Waiver and/or attend the interview process?

    In the case your spouse does not want to cooperate with your I-751 Waiver process, please provide as much supporting documents as you can about your bonafide marriage. For more details about your unique case, please schedule a consultation with us.

  • What if my divorce is not finalized yet?

    If your divorce is not finalized, it is still possible for you to file an I-751 Waiver. Please note, your divorce must be finalized by the time your I-751 Waiver is approved. For more information about your specific case, please schedule a consultation with us.

  • What happens if my I-751 Waiver is denied?

    For I-751 Waiver denials, each denial is unique and different. In the case that your I-751 Waiver is denied, you have the options to refile your I-751 Waiver or file a motion to re-open for your I-751 Waiver. For more information and a more detailed assessment of your case, please schedule a consultation with us.

  • For the eligibility of a I-751 Waiver, a person can apply if they will suffer extreme hardship if they returned to their home country. What is considered “extreme hardship”?

    According to USCIS, extreme hardship is defined as “to be considered "extreme," the hardship must exceed that which is usual or expected. %915%93 But extreme hardship need not be unique, %916%93 nor is the standard as demanding as the statutory 'exceptional and extremely unusual hardship' standard that is generally applicable to non-lawful permanent resident cancellation of removal".

    To prove extreme hardship in a case, there are many different paths to prove extreme hardship. or more information about extreme hardship and what factors are considered in determining it, please see this section of the USCIS policy manual.

  • How long after my divorce should I wait until I apply for the I-751 Waiver?

    Each case is unique and has its own set of circumstances, but it is recommended that a person should apply for the I-751 Waiver as soon as their divorce is finalized. One of your supporting documents will be your certified divorce decree, so it is best to apply once you have received this document.

  • How do I prove that I am a victim of battery and extreme cruelty for the I-751 Waiver?

    Based on USCIS definition of extreme cruelty, "Extreme cruelty is a non-physical act of violence or threat of violence demonstrating a pattern or intent on the part of the U.S. citizen or LPR to attain compliance from or control over the self-petitioner" whereas the definition of battery is when a person "… 1. Actually, and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to another person". Examples of evidence that can demonstrate battery or extreme cruelty include but are not limited to:

    • Reports and affidavits from police, judges, or other court officials;
    • Court records;
    • Reports and affidavits from medical personnel;
    • Medical records;
    • Reports and affidavits from school officials;
    • Affidavits from a member of a religious authority;
    • Reports and affidavits from social workers or other social service agency personnel;
    • Documentation showing the self-petitioner sought safe-haven or services from a domestic
      violence shelter or other service provider;
    • Protection orders;
    • Photographs of injuries;
    • Psychological evaluations; or
    • Any other credible evidence of battery or extreme cruelty

    For more information, please visit the USCIS website.