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I-751 Waiver Can Be Filed While Married

I-751 Waiver Can Be Filed While Married

I married a US citizen in good faith but he later walked out on me while I was pregnant. I had my baby in his absence and to this day he doesn’t show any interest in my life. I am wondering how to file to remove the conditions on my permanent residency.
— Anonymous

An I-751, Petition to Remove Conditions from Permanent Residency can be filed by you, without the assistance of your husband. The I-751 can be filed as a “waiver” of the joint petition requirement. Under a recent Memorandum issued by the USCIS, the waiver can be filed before a divorce occurs only if your divorce is finalized in 87 days or less from when the USCIS issues a Request For Evidence (RFE). The RFE will request the divorce. So it may be best for you to file a divorce and the I-751 waiver. With the waiver, be sure to include proof of the bona fides of your marriage, including the baby’s birth certificate, proof that you and your husband cohabited during the relationship, and whatever else you can find.

Check the I-751 instruction sheet found at www.uscis.gov for more details on the types of acceptable proof USCIS is looking for. Please note that every case is different, and the information in this response to you is general in nature. I strongly urge you to seek the services of a licensed immigration lawyer in your state for a complete review of your situation and for guidance on how to proceed to remove the conditions.

Good luck!

Michael Shane and Evan Shane, Immigration Attorneys

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