USCIS may waive requirements for filing jointly with your spouse or stepparent if:

  • The spouse or stepparent is deceased;
  • You married in good faith, but it ended in divorce or annulment; 
  • You married in good faith, but either you or a child was subject to domestic violence or extreme cruelty;
  • Terminating residency status and removal from the United States would result in extreme hardship.