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Removal of Conditions - Marriage Based - Frequently Asked Questions


What are the documents required if I apply for Removal of Conditions on the basis that either my child or I was battered or subject to extreme mental cruelty by my spouse?

The documents required are:

  • Form I-751, Petition to Remove the Conditions on Residence
  • Copy of Form I-551, Permanent Resident Card
  • Evidence that you entered the marriage in good faith and not 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 lived in the same place
  • Documents that show that you and your spouse had joint bank accounts, credit cards, etc
  • Documents that prove that you and your spouse owned property together
  • Documents that prove that you and your spouse owned property together
  • Copy of your divorce or annulment decree
  • Birth certificates of your children or
  • Expert testimony proving that you or your child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:
  1. Copies of police and medical records detailing evidence of physical abuse
  2. Evaluations by clinical social workers and psychologists showing evidence of mental cruelty
  3. Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty
  • Evidence that you were not at fault in failing to file the petition on time, if applicable
  • Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:
  • Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the U.S.

Note: In evaluating the claim that your removal from the U.S. will cause you extreme hardship, the Service will only consider factors which arose after the date you obtained your conditional permanent residence.

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