When filing Form I-751, Petition to Remove Conditions on Residence, jointly with a spouse, unfortunately circumstances may change after submission—particularly in cases involving domestic violence or abuse. A marriage that was going well, may change dramatically during the long waiting time of the I-751. If a conditional permanent resident experiences abuse after filing the I-751 jointly with their spouse, they may request to amend their I-751 petition by converting it to a waiver based on battery or extreme cruelty. This waiver allows the applicant to continue the process independently, without the abusive spouse’s cooperation, and still pursue removal of conditions on their residence and get the 10-year Green Card.
To support the abuse waiver request, the petitioner must submit substantial evidence demonstrating the abuse. This can include police reports, medical records, restraining orders, therapist letters, affidavits from witnesses, and any other documentation proving the battery or extreme cruelty experienced during the marriage. USCIS recognizes the sensitivity of such cases and evaluates them with a focus on the credibility and consistency of the evidence, even when documentation is limited due to safety concerns or control by the abuser.
It is also critical to update USCIS with a new, safe mailing address to protect the applicant’s privacy and security. This can be done by filing Form AR-11 (Change of Address) and notifying the service center handling the I-751 petition. The applicant should also include a written statement explaining the request to amend the original joint filing to a waiver, based on the abuse and the need for confidentiality. Seeking assistance from a qualified immigration attorney and a domestic violence advocacy organization can provide essential support through this complex and sensitive process.
