Can I File I-751 Removal of Conditions While Separated?

I told him we could fix any money problem together if he was honest about them. My husband stepped close to me and yelled, “You should remember what your situation is here. You understand clearly? You can be deported.”

Families can grow in many ways, including growing apart.  A legal permanent resident with a green card through marriage has a 90 DAY window to file an I-751 Removal of Conditions. But is it possible to leave that abuser, file the I-751 by yourself, AND without anything to show they’ve hurt you physically? Yes, it’s called the extreme hardship waiver to the joint filing requirement.

Who Qualifies for the I-751 Extreme Hardship Waiver?

The I-751 form is used by noncitizens to prove their marriage was real, not just for getting the green card. Here’s a simple way to think about what someone needs to qualify:

  • Show that returning to the home country would be really, really tough
  • Show that staying in the marriage to the U.S. Citizen Spouse would be unbearable
  • Show that life is falling apart somehow, as compared to other noncitizens. This could be serious health problems or danger of being harmed

What Documents Do I Need for an I-751 Extreme Hardship Waiver?

Blandon Law attorneys work with clients to organize documents that will increase the chance of winning the case. We ask I-751 clients to provide documents that show:

  • The marriage was genuine
  • The problems that happened during the marriage, including problems to the children or stepchildren
  • Health problems, including mental health problems, of all family members
  • The danger of returning to the homeland

Filing an I-751 extreme hardship waiver should be done only if the noncitizen refuses to divorce and if there has been no abuse; the government can take over five years to approve these cases. Of course, there are ways to speed that up. With more than 20 years of experience helping immigration clients, we are ready to help you, your family, and your friends. Call  954.385.0157 or click “For Future Clients” today to schedule a talk.

Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

Follow us on Facebook

Share with your Community, Family and Friends

Recommended Posts