Home  »  Knowledge base  »  If I got a divorce, can I still use Form I-751?

Yes, there are certain circumstances when you can file Form I-751, Petition to Remove Conditions on Residence, even if you are getting/got divorced.

As a rule, Form I-751 is a joint petition, which means that you and your spouse, through whom you obtained conditional status, have to file the form to USCIS together.

However, you may request a waiver of the joint petitioning in case if you entered into the marriage in good faith (and not to evade immigration laws), and on condition that:

  • the marriage ended by annulment or divorce; or
  • during your marriage you and/or your child were battered by or subjected to extreme cruelty committed by your petitioning spouse; or
  • your deportation or removal would result in extreme hardship.

You do not have to use any separate form to file the waiver. You should simply select the appropriate category in Part 3, Basis for Petition, of Form I-751.

When applying for a waiver, get ready for a more intensive examination of your case. You will have to prove that you originally entered the marriage in good faith and that the marriage cannot continue through no fault of yours. USCIS will additionally require documents proving that the divorce proceedings have started/finished and evidences as to the circumstances surrounding the end of your marriage.

Filing an I-751 hardship waiver during/after divorce can be a complex process and every detail counts. So consider consulting an experienced immigration attorney before filing the Petition to Remove Conditions on Residence.

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