Removal of Conditions (I-751)

If you received permanent residence through your spouse and you were married for less than two years before your case was approved, you will receive status as a conditional permanent resident. This means that, before your status expires, you will need to file what is called an I-751, Petition to Remove Conditions on Residence. If you are still married, then you will file this form jointly with your spouse. You will want to include evidence that you have residence together and commingled assets during the two year period. 

If you are divorced, you will need to request a waiver of the joint filing requirement. Basically, you need to ask the government to waive the requirement that you remain married to your spouse for the two year period. To receive this waiver, you must show that you did not enter the marriage for the primary purpose of securing a green card. You will also need to submit as much evidence as possible that you lived together and commingled assets during the marriage. 

If you have been the victim of battery or extreme cruelty, you can also request that the government allow you file the application without the signature of your spouse. If you are applying based on this, you will need to include a sworn statement detailing the abuse or extreme cruelty and evidence that you did not enter the marriage for the primary purpose of securing a green card. 

You can also request a waiver of the joint filing requirement if you can prove that you would suffer extreme hardship if the government does not grant your application. This hardship must have arisen during the two year period of your conditional permanent residence.