When someone gets a marriage-based green card and the marriage is less than two years old at the time of approval, they're given conditional permanent resident status. That conditional green card is good for just two years, and in order to stay in the U.S. legally, the immigrant must file Form I-751 to remove those conditions.
Generally, Form I-751 is filed jointly; this implies that both spouses must sign and submit the form together to prove that the marriage is still ongoing and bona fide.
But what happens if the marriage has ended or if it becomes unsafe to stay in the relationship?
That's where an I-751 waiver comes in. The waiver permits the immigrant in specific circumstances to file the form without the help of their spouse. These include:
- Divorce or annulment
- The death of the petitioning spouse
- Abuse or extreme cruelty during the marriage
- Extreme hardship if forced to leave the U.S., even if still married
The focus of this article is on the last two options: abuse-based and extreme hardship waivers. These waivers can help immigrants who are likely to face harm or suffer extreme hardship and give them a legal track without having to rely on a spouse who may no longer be supportive, present, or safe.
Waiver Based on Abuse or Battery
U.S. immigration law recognizes that not all marriages remain safe or supportive. If a conditional permanent resident has experienced abuse or extreme cruelty from their U.S. citizen or lawful permanent resident spouse, they can file Form I-751 individually without their spouse’s help by requesting an abuse-based waiver.
Who Qualifies for an Abuse-Based Waiver?
You may qualify for this waiver if:
- You married in good faith (meaning it was real and not for immigration purposes), and
- You were subjected to battery or extreme cruelty by your U.S. citizen or permanent resident spouse.
Importantly, abuse under immigration law doesn't just mean physical violence. It also includes:
- Emotional or psychological abuse: threats, manipulation, isolation, or humiliation
- Verbal abuse: constant insults, controlling behavior, and intimidation
- Financial abuse: withholding money from you, controlling your access to money, or prohibiting you from working
- Sexual abuse or coercion
- Immigration status threats: for example, threatening to withdraw sponsorship or report you to immigration authorities
In other words, if your spouse used fear, control, or harm as a means of dominating you, you may be eligible for an abuse-based waiver—even if you never called the police or filed a report.
You Don't Have to Stay in a Dangerous Situation
The law is very clear: you do not have to remain in an abusive relationship to protect your immigration status.
The I-751 waiver exists so that victims of abuse can move forward safely and independently.
USCIS will not require the involvement of your spouse in the filing process. You may file a petition in confidence and, if you are using an attorney to help with the application process, your spouse needn't know about the petition.
Connection to VAWA - Violence Against Women Act
This is a waiver similar to the protections under the Violence Against Women Act (VAWA), a law that offers relief for immigrants who have experienced domestic violence. Despite what the name might suggest, VAWA protections apply to both men and women.
While VAWA and the I-751 abuse waiver are two separate processes, their ultimate purpose is the same: to allow the abuse victim to stay in the U.S. safely and legally without needing to rely on an abusive spouse.
In the following section, we will discuss another very important waiver option, the extreme hardship waiver which protects those individuals who would face extreme hardships if they were forced to leave the U.S., even without having been abused.
Waiver Based on Extreme Hardship
Not every I-751 waiver involves abuse or a failed marriage. Sometimes an individual might still be married, or may have no history of abuse, but cannot safely or reasonably return to their home country. In these situations, USCIS allows for a waiver based on extreme hardship.
This waiver is available for a conditional resident if it could be demonstrated that removal from the United States would cause unusual or severe difficulty to the alien, even if the marriage continues or ended for non-abusive reasons.
Who Qualifies for an Extreme Hardship Waiver?
To qualify, you must prove that:
- You entered the marriage in good faith, and
- Your removal from the U.S. would cause extreme hardship to yourself (not your spouse or children, although their circumstances can sometimes be part of the picture).
Note: This waiver does not require divorce or a history of abuse; it is all about your personal situation and how being forced to leave the country will affect you.
What Counts as Extreme Hardship?
USCIS does not define "extreme hardship" with a fixed checklist, though they do consider a wide range of factors. What counts most is the severity and particular nature of your situation.
Examples of qualifying hardships include:
- Serious medical problems that cannot be treated in your home country
- Dangerous or unstable country conditions include war, political unrest, or lack of healthcare
- Psychological hardship, particularly in cases involving trauma or separation from U.S. citizen children or long-term community ties
- How long you've been in the U.S. — particularly if your whole adult life has been here
- Disruption of education or employment, especially if you have invested years in school or career training in the U.S.
It is not enough to simply say that it would be "hard to leave"; the hardship has to be above and beyond what USCIS considers normal for people facing removal.
When to Consider This Waiver
This could be the right option for you if:
- You are still married but are encountering serious difficulties in returning to your country of origin
- You're separated but not divorced, and don't qualify under other waivers
- You have health, safety, or humanitarian reasons for leaving the U.S.
While harder to win than some other types of waivers, a well-documented extreme hardship case can prevail, especially when supported by medical records, expert statements, and detailed personal affidavits.
Evidence for Abuse or Hardship Waivers
Your evidence is everything when filing for an I-751 waiver, particularly under the abuse or extreme hardship categories. USCIS understands that people in those situations often don’t have access to “perfect” documentation. That’s okay.
What they're looking for is a clear, credible, and consistent story, supported by whatever documentation you can provide.
A. Evidence of Abuse-Based Waivers
You do not need to have police reports or a protective order to qualify but if you do, include them. Your own written statement and supporting documentation from professionals can be just as powerful.
Common types of evidence:
- Personal affidavit: A written statement by you detailing the abuse, your relationship history, and how it affected you.
- Police reports or restraining orders: Include the official records if there were reports made of incidents.
- Medical records: Documenting injuries, hospital visits, or mental health care.
- Records of therapy or counseling: These are usually notes or letters from licensed counselors, psychologists, or therapists.
- Sworn affidavits from friends, family members, clergy, or social workers: Can substantiate your version of events and the difficulties within the relationship.
- Text messages, emails, voicemails, or social media posts: Especially if they contain threats, controlling behavior, or admissions of mistreatment.
- Photographs: Of injuries or conditions at home, if applicable.
Tip: Abuse can be emotional, verbal, or psychological in nature. In trying to prove a case, what the court wants to see is patterns of cruelty or control, not isolated incidents.
B. Evidence for Hardship-Based Waivers
The more documentation you can provide showing how your removal would personally affect you, the better. This might include legal, medical, and country-specific evidence.
Common types of evidence:
- Medical reports: For physical or mental health conditions where continued treatment in the U.S. is needed
- Psychological assessments: Especially in cases of trauma, anxiety, and depression.
- Country condition reports: U.S. State Department reports, human rights assessments, or news articles about conditions in your home country.
- Letters from doctors, teachers, employers, or community leaders: Describing the hardship you or your dependents would face.
- Proof of U.S. ties: Long-term residency, school records, work history, or community involvement.
- Financial records: Showing economic impact of returning to a country where jobs, services, or safety may be limited.
Tip: Make it personal. Relate how these hardships affect you by using your affidavit to bridge the fact pattern with your life story.
Final Advice on Evidence
- Be truthful and descriptive in your personal statement. Your affidavit is the heart of your case.
- Include as much documentation as you reasonably can, even small pieces of evidence help to tell the story.
- If you are concerned about privacy or safety, talk to a lawyer. You can file your petition in confidence.
Tips for Filing and Legal Help
Filing an I-751 waiver can feel overwhelming especially if you’re doing it alone or after a difficult personal experience. But here’s the good news: you don’t have to figure it out by yourself.
Whether you're applying based on abuse or extreme hardship, here are key tips to help you file with confidence and avoid common setbacks.
1. When You Can File Your I-751 Waiver
If you’re filing jointly with your spouse, you must submit Form I-751 within the 90-day window before your conditional green card expires. USCIS will not accept a joint filing before that time.
However, if you’re filing individually because of divorce, abuse, or extreme hardship, you are not limited to that 90-day window. You can file after your conditional green card expires, even years later, as long as you still meet the requirements for a waiver.
Why it matters: If you’re in a difficult or unsafe situation, it’s okay if you missed the 90-day window. You still have the right to file and protect your lawful status in the United States.
2. Focus on Your Personal Story
Your affidavit (or personal declaration) is one of the most important parts of your case. It should explain:
- How your marriage started
- What went wrong or why you’re filing alone
- What you've experienced (especially in abuse cases)
- What hardships you would face if forced to leave the U.S.
This is your chance to speak directly to USCIS, in your own words.
3. Stay Organized and Keep Copies of Everything
Include a cover letter that explains the type of waiver you’re requesting, and use tabs or labels to organize your evidence by category (e.g. financial, medical, personal statements).
Pro tip: Keep a complete copy of your application for your records, including the signed forms and all supporting evidence.
4. Consider Working with an Immigration Attorney
I-751 waiver cases are legally complex and emotionally challenging. An experienced immigration attorney can:
- Help you draft a powerful personal affidavit
- Organize your evidence effectively
- Flag any potential issues before you file
- Represent you if USCIS schedules an interview
Even if you’re not sure whether you need legal help, scheduling a consultation can give you peace of mind and potentially save time and stress down the road.
5. Don’t Wait if You Need Help
These waivers are designed to protect people in vulnerable situations. If you're facing abuse, uncertainty, or fear about losing your status, you don’t have to go through it alone.
Immigration law includes built-in protections for exactly these kinds of circumstances. Filing a waiver may feel intimidating, but it's also a powerful step toward safety and stability.
Conclusion
If you're in a situation where filing jointly for Form I-751 isn't possible due to abuse, fear, or hardship, know this: you still have options and you still have rights.
U.S. immigration law recognizes that not every marriage works out and that some situations become unsafe or deeply difficult. That’s why waivers exist. Whether you're filing because of abuse, extreme cruelty, or personal hardship, you don’t have to go through it alone and you absolutely don’t have to stay in a harmful relationship just to keep your green card.
By gathering strong evidence, telling your story honestly, and filing the right waiver, you can protect your immigration status and move forward toward long-term stability in the U.S.
If you’re not sure where to begin or if you’re nervous about navigating the process, Tingen Law is here to help. We’ve guided countless clients through waiver filings and immigration challenges just like yours, and we’d be honored to support you too.
Reach out today to schedule a confidential consultation, and take the next step toward safety, security, and peace of mind.