A very important milestone for many people holding a conditional green card is when they need to file Form I-751, the Petition to Remove Conditions on Residence. Perhaps the most frequent and least understood question that arises during this process is whether or not to file jointly with the spouse or to file an individual petition.
Understanding the difference between a joint and individual I-751 filing is critical when the marital situation of a person has changed or become complicated over time. Each option includes its own rules, required documentation, and potential challenges.
This article explains the key differences between joint and individual I-751 filings, who qualifies for each, and what to expect during the process. It also offers practical guidance on how to gather strong evidence and avoid common mistakes that can delay or jeopardize an application.
Whether one seeks to file as a couple or pursue a waiver due to divorce, abuse, or other circumstances, this article aims to demystify the path forward.
Why the I-751 Matters
If a green card through marriage to a U.S. citizen has been issued to someone, it is almost always conditional, provided the marriage was less than two years old at the time of approval. This conditional status is intended to ensure that the marriage is genuine and not entered into solely for immigration purposes.
To remove these conditions and become a lawful permanent resident, the individual must file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before the card expires.
Failure to file timely, or filing an incorrect package, may result in severe consequences including the possibility of losing your status and removal from the U.S. That is why it is so important to understand when and how to file the I-751.
The form serves a critical purpose: it tells U.S. Citizenship and Immigration Services (USCIS), “This marriage is real, and I still qualify for permanent residency.”
But here is where things get a bit more complicated. Life happens: relationships change, and not everyone can or should file jointly. It is at this juncture that the difference between joint and individual I-751 filings becomes of importance.
We will break down what each of those options means, and how to pick the one right for your situation in the following sections.
What is a Joint I-751 Filing?
A joint I-751 filing is the most common path for removing conditions on a green card. This type of petition is filed together by the immigrant and their U.S. citizen or lawful permanent resident spouse, and it’s meant to show that the couple is still married and maintaining a bona fide relationship.
Who Qualifies for a Joint Filing?
To file jointly, the couple must still be legally married and typically living together at the time of filing. Even if there are some bumps in the relationship such as living apart temporarily, it’s still possible to file jointly, as long as the marriage is legitimate and ongoing.
What Evidence is Required?
USCIS wants to see proof that the marriage is real and not just for immigration purposes. Common supporting documents include:
- Joint lease or mortgage agreements
- Shared bank accounts or utility bills
- Tax returns filed as “married filing jointly”
- Birth certificates of children (if any)
- Photos together over time
- Affidavits from friends and family confirming the relationship
Essentially, the more documentation showing a shared life, the better.
Why Choose a Joint Filing?
If the couple is still together, the most straightforward and easiest approach is usually filing jointly. It generally signals to USCIS that the marriage is stable, and when enough evidence is provided, it may lead to a smoother approval process.
In most cases, joint filers can completely avoid the interview, although USCIS may still require one if it needs additional information.
What is an Individual I-751 (Waiver) Filing?
Not every marriage works out and that does not mean anyone should lose their path to permanent residency. If a person cannot file jointly with the spouse, he or she may still be eligible to file the I-751 individually by requesting a waiver of the joint filing requirement.
When Can You File Individually?
USCIS allows individuals to file on their own under specific circumstances, including:
- Divorce or Annulment – The marriage ended in good faith, but it didn’t work out.
- Abuse or Extreme Cruelty – The immigrant spouse was mistreated by their U.S. citizen or permanent resident spouse.
- Death of the Petitioner – The U.S. citizen spouse passed away.
- Hardship Waiver – Removing the individual from the U.S. would cause extreme hardship, unrelated to the marriage itself.
Each situation has its own legal standard and documentation requirements, but the key idea is that a person doesn’t need to stay in a harmful or broken relationship just to keep their status.
What Evidence is Needed?
In an individual filing, evidence must prove two things:
- The original marriage was real and entered into in good faith.
- The reason for filing individually fits into one of the approved waiver categories.
This might include:
- Divorce decrees
- Evidence of shared life during the marriage (even if it ended)
- Police reports, protective orders, or medical records in abuse cases
- Death certificates
- Statements from therapists, counselors, or other professionals
Even when filing alone, the immigrant must still show that the original marriage wasn’t fraudulent. That’s a key requirement in all I-751 cases.
Is Individual Filing Risky?
While it may involve more scrutiny, such as interviews or requests for additional evidence, individual I-751 filings are completely valid and often approved, especially when the case is well-documented.
In most cases, an immigration attorney can make all the difference in presenting one's case in the best possible light.
Key Differences at a Glance
Understanding the distinction between a joint and individual I-751 filing can make a big difference in how someone approaches their case. While both serve the same goal of removing conditions on a green card, the requirements, evidence, and risks involved can vary significantly.
| Feature | Joint Filing | Individual Filing (Waiver) |
| Who Files | Immigrant and spouse together | Immigrant alone |
| Relationship Status | Married and living in good faith | Divorced, separated, abused, or widowed |
| Main Requirement | Prove ongoing, bona fide marriage | Prove good faith marriage + reason for waiver |
| Common Supporting Evidence | Joint bills, photos, lease, tax returns | Divorce decree, abuse documentation, affidavits |
| Interview Likelihood | Often waived with strong evidence | More likely, especially with less documentation |
| Legal Risks | Lower when well-documented | Higher scrutiny; legal guidance often recommended |
Both paths are valid and recognized by U.S. Citizenship and Immigration Services (USCIS). The best option depends entirely on each person’s relationship history and current situation.
Common Pitfalls and How to Avoid Them
Filing Form I-751 can be stressful, especially if you’re navigating complex personal circumstances. Fortunately, many common mistakes can be avoided with a little preparation and the right guidance.
1. Missing the Filing Window
One of the most frequent issues is missing the 90-day filing window before the conditional green card expires. Filing too early or too late can delay the process or worse, lead to a denial and potential removal proceedings.
Tip: Mark the expiration date on your calendar and set reminders. USCIS typically sends a notice, but don't rely on it. Filing on time is your responsibility.
2. Submitting Weak or Incomplete Evidence
Whether you’re filing jointly or individually, your case is only as strong as the evidence you submit. Too many applicants assume that basic forms are enough, but USCIS wants to see real proof of your marriage or of your circumstances.
Tip: Include as much detail as possible. Photos, joint bills, travel itineraries, and shared financial records go a long way. If you’re filing individually, tailor your evidence to the waiver category you're using.
3. Assuming Divorce or Separation Disqualifies You
Many people incorrectly believe that they can’t apply if their marriage ended. That’s simply not true. USCIS allows for individual I-751 filings in several situations, including divorce, abuse, or the death of a spouse.
Tip: If your marriage ended but was entered into in good faith, you still have options. Don’t delay, get advice and start gathering your documentation.
4. Not Preparing for a Possible Interview
While some I-751 cases are approved without an interview, others are flagged for further review, especially if the evidence is unclear or if the applicant is filing alone.
Tip: Be prepared to explain your case in person. Consistency and honesty go a long way during interviews. An immigration attorney can help you prepare.
5. Navigating the Process Alone When You Need Help
Some applicants wait too long to ask for help, especially if their case involves divorce, domestic violence, or previous immigration violations.
Tip: If you’re unsure about your eligibility or how to document your case,consulting with an experienced immigration attorney can save time and prevent costly mistakes.
Avoiding these pitfalls can make a big difference in how smoothly the I-751 process goes. The key is to stay proactive, informed, and organized.
Conclusion
Filing Form I-751 is critical in the course of seeking permanent residency, and a little clarity on the issue of joint and individual filings can make all the difference. Whether you're still happily married or facing a major life change like divorce or separation, there are pathways forward.
The key is knowing your rights, gathering strong evidence, and staying on top of your filing deadlines. If you are filing jointly, it's all about proving the ongoing nature of your relationship; for individual filers, it is about showing the marriage was real, and that your situation fits within one of the waiver categories recognized by USCIS.
No matter where you find yourself in the process, help is available. Whether you're unsure which filing path is right for your case, or if you need guidance preparing a sound petition, the team at Tingen Law is here to support you every step of the way.
Have questions? Reach out today to schedule a consultation and get clarity on your next steps.