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Schedule a Consultation →The Three Main Waiver Grounds
You can request a waiver of the joint filing requirement if: (1) termination of the marriage through divorce or annulment, you must show the marriage was entered in good faith; (2) your spouse's death, with documentation and evidence of the genuine marriage; or (3) your spouse subjected you to battery or extreme cruelty, including physical violence, emotional abuse, and coercive control.
Good Faith Marriage Waiver After Divorce
This is the most common waiver scenario. You must demonstrate that although the marriage has ended, it was entered genuinely, not for immigration purposes. Evidence of the relationship at the time of marriage and during your time together is essential: photos, financial records, communications, affidavits from people who knew you as a couple.
VAWA Protection for Abuse Survivors
If you were subjected to battery or extreme cruelty by your U.S. citizen or permanent resident spouse, you have special protections under the Violence Against Women Act (VAWA). You can file the I-751 waiver with evidence of the abuse, which may include police reports, protective orders, medical records, statements from social workers, therapists, or domestic violence advocates, and your own detailed declaration.
Extreme Hardship Waiver
A standalone hardship waiver is rarely granted but applies if your removal would cause extreme hardship to you or your U.S. citizen or permanent resident children. Documentation of medical conditions, financial ties, community involvement, and the conditions in your home country all support this claim.
What to Include in a Waiver Filing
Beyond the Form I-751, include: a detailed personal declaration telling the story of your marriage in your own words, all evidence of the bona fide marriage you have gathered, documentation of the divorce (divorce decree) or abuse (police reports, hospital records, protective orders), and supporting affidavits from people who can attest to your situation.
Questions About Your Situation?
Every immigration case is different. Our team can review your documents and explain your options.
Call (407) 275-6163Frequently Asked Questions
Can I file the waiver before the divorce is final?
Yes. USCIS allows you to file based on a pending divorce and update the file when finalized. You can also file jointly while pursuing divorce as a protective measure, then amend to a waiver if the divorce finalizes before USCIS adjudicates.
Do I still need to file within the 90-day window?
Yes, the filing window applies to waiver cases as well. However, if you are a victim of abuse, USCIS may be more flexible about timing, consult a professional.
What if I don't have police reports or medical records?
Not all abuse survivors have police reports. A detailed personal statement combined with statements from advocates, therapists, or witnesses can still support your claim. Document what you have.
Will USCIS notify my abuser that I filed?
USCIS has confidentiality protections for VAWA-based petitions. Information is not disclosed to the abusing spouse without your consent.
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