Less may be More in Filing I-751 Petition to Remove Conditions

A person who is a conditional permanent resident (CPR) as the result of a marriage to a U.S. citizen or lawful permanent resident is required to file a petition to remove conditions on residence (form I-751) within ninety days of the expiration of the conditional I-551 card (green card). Assuming the couple is still happily married, they will file a joint petition. If the couple has gone through a divorce or legal separation, the CPR must file on the basis of a waiver of the joint filing requirement; also, in that scenario, they may file earlier than the 90-day mark.

Waiver or Individual Filing Request

When the petitioner is unable to file a joint petition due to divorce or a legal separation, form I-751 currently provides three potentially applicable options as grounds for the removal of conditions. These are:

• Marriage was entered in good faith, but the marriage was terminated through divorce or annulment.
• Marriage was entered in good faith and, during the marriage, the CPR was battered or was subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse.
• The termination of the CPR’s status and removal from the United States would result in an extreme hardship.

While it is possible that the CPR may believe more than one of the above three options apply to their situation, choosing more than one waiver basis will require additional documentation to supporting waivers indicated. This means that, even when it is clear one of the waiver requests has been sufficiently met, the USCIS still will issue a denial of the petition if the petitioner failed to meet the documentary burden of the additional waiver indicated.

For instance, say a petitioner files form I-751 and indicates both the first and third options. If the petitioner provides ample evidence that the marriage was entered in good faith, but the couple later divorced, this would meet the requirements for the first option. But, if the CPR then fails to also sufficiently document battery or extreme cruelty to the satisfaction of the adjudicating officer, the entire petition will be denied. Accordingly, unless a petitioner has overwhelming evidence for all waivers requested, a single basis with the strongest availability of evidence is often recommended.

Conclusion

It is common for the demise of a relationship to include hurt feelings, anger, and glimpses of the darker side of the human condition. However, considering your immigrant options on the basis of emotion alone can be detrimental to a petitioner’s legal status. Therefore, it is in the petitioner’s best interest to remain logical and consider the documentary burden necessary to prove the basis of a waiver request. As always, to help evaluate the documentary burden necessary for each waiver basis, and to weigh the benefits and pitfalls, it is recommended to speak directly with a U.S. immigration attorney knowledgeable in this area. The Murthy Law Firm is experienced and available to assist in these matters.

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved