If you received a green card based on marriage to a U.S. citizen, your green card will expire in two years. 90 days prior to the expiration you must file a joint petition with your U.S. spouse to remove the conditions of your temporary green card by filing Form I-751. But what happens if your spouse won’t sign the joint I-751petition? Are you completely out of luck? Will USCIS deny your green card? Should you hire an immigration attorney to assist you?
What are my options if my spouse refuses to sign the Joint I-751 Petition?
Marriage is difficult and couples often struggle to make it work, especially when you are dealing with immigration issues prior to your marriage. This added stress can often lead to a divorce or separation. The immigrant spouse could become a victim of domestic violence. The U.S. spouse could use the joint petition to hold power in the relationship, continuing the abuse.
If any of this sounds familiar to you, you likely won’t be able to file your I-751 with your spouse. But you may have other options in the form of a waiver!
When filling out Form I-751 you will see several boxes to check. These boxes are there to provide you guidance during difficult times. You will have to show that despite your good faith marriage you are now divorced, widowed, the victim of extreme cruelty by your U.S. spouse, or you would suffer extreme hardship if you were denied permanent residency. If you check any of these boxes, you could qualify for a permanent green card without needing your U.S. spouse’s signature.
Extreme hardship
This waiver is one of the most difficult to qualify for. While you do not have to prove a good faith marriage, you must show that changes have arisen in your home country since the time you became a 2-year green card holder, and that would cause you extreme hardship if you were to return. For example, if there was a major earthquake, hurricane, or any other natural disaster in your country and the government is struggling to provide for its citizens, you would have a good argument to prove your extreme hardship case.
Divorce
The divorce waiver is the most direct and seamless manner to file the I-751 without your spouse’s signature on the I-751 joint petition. The key is that the divorce must be finalized before you can file for this waiver category. Remember, a pending divorce that has been filed with the court can take several months to finalize. USCIS will also take into consideration several factors of your good faith marriage, including the length of the marriage. There are strategies to filing this type of case when the divorce is not finalized that should be addressed with a specialized immigration attorney. Should you find yourself contemplating divorce, you should schedule a consultation with our attorney immediately to create a case plan that will work best for you.
Battery or extreme cruelty
For this waiver, you do not have to be divorced or separated from your spouse. This waiver will require you to show that you have been a victim of an act of violence or a threatened act of violence by your U.S. spouse. While physical violence such as battery, rape, molestation, prostitution, and even abuse to a child is easier to prove, mental and psychological abuse can also rise to extreme cruelty. The biggest obstacle with this waiver will be documenting the good faith marriage and the abuse you suffered. Police reports, medical reports, photos, psychological evaluations, and witness statements are very important for this waiver category.
The Purdy Law Guidance
No matter which category you marked, you will need substantial documentation of your eligibility for approval. A denial could lead you to immigration court. Therefore, this type of case should be addressed with a licensed U.S. immigration attorney so that you can understand the complexities of your case. Our attorney at Purdy Law will walk you through your case and create a plan that will provide you reassurance during these difficult times. Schedule your consultation today!
