I-751 WAIVER REMOVE CONDITIONS ON GREEN CARD WITHOUT SPOUSE

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.
• Papers 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 you and your spouse’s names.
• Income tax papers that show 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 your and your spouse.
• Any other documents you can think of to show that you did not get married just to get immigration papers.

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 has 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.
• 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.

• 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

• 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

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

• Copies of the front and back of your Permanent Resident Card
• 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
• 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)
• 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