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Removal of Conditions - Marriage Based - Frequently Asked Questions


What are the documents required if I file a joint application with my spouse for Removal of Conditions?

The documents required are:

  • Form I-751, Petition to Remove the Conditions on Residence signed by both you and your spouse
  • Copy of Form I-551, Permanent Resident Card
  • Evidence that you did not get married to evade the immigration laws of the U.S. Examples of such evidence includes, but is not limited to:
    • Leases showing that you and your spouse live in the same place
    • Documents to show that you and your spouse had joint bank accounts, credit cards, etc
    • Documents that prove that you and your spouse own property together
    • Birth certificates of your children that you have togehter

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How can I get a waiver of the requirement to file a joint application with my spouse for Removal of Conditions?

You may request a waiver of the joint petitioning requirements if you:

  • Entered into the marriage in good faith, but your spouse subsequently died
  • Entered into the marriage in good faith, but the marriage was later terminated due to divorce or annulment
  • Entered into the marriage in good faith, and remain married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse, or
  • Can prove that the termination of your status and removal would result in extreme hardship to you

Note: You may request consideration of more than one waiver provisions at a time

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