Conditional residents on a two-year green card through marriage typically file a joint petition with their spouse for removal of conditions on residency. USCIS may permit a conditional resident to remove conditions on residence after
- spouse’s death
- cases of extreme cruelty
- your removal will result in extreme hardship
- other events that make it impossible to file a joint petition with the spouse
Conditional residents can apply for a Waiver for Joint Filing, but this will likely trigger more scrutiny by USCIS to prove it was a valid, bona fide marriage. The applicant must be able to prove that he or she originally entered the marriage in good faith.
Filing Form I-751 with a waiver to the joint filing requirement may require additional documentation, time and fees. Due to the complexity of filing for waiver of joint filing, the assistance of an experienced immigration attorney is strongly recommended.