If you are required to file Form I-751, your conditional permanent residency will be terminated if you do not submit the petition. Normally, you are required to file the petition with your spouse within the 90 days before the expiration of your conditional residency if filing with your spouse.
If your spouse will not join in the petition with you, you may be able to file the petition and request one or more waivers. The waiver excuses your spouse from having to sign the petition. You may file the petition before the final 90 days of your conditional residency if you are using one or more of the waivers.
Waivers can be requested in the following circumstances:
Your spouse died; the marriage was terminated through divorce or annulment; you were battered or subjected to extreme cruelty by your spouse; or, termination of your permanent residency and deportation would result in extreme hardship.
If you are a child who gained conditional permanent residency through your parent’s marriage and your parent’s spouse battered you or subjected you to extreme cruelty, you might also be able to use a waiver.
Some of the waivers require the marriage to have begun in good faith. Proving you qualify for a waiver can be complicated so we would recommend you speak with a qualified immigration lawyer.
If you have any questions regarding immigration, please feel free to call me, immigration attorney Shawn Mesa at (813) 679-5780.
Disclaimer: This information is provided as a public service and not intended to establish an attorney-client relationship. Any reliance on this information is taken at your own risk.