WHAT IF I’M SEPARATED OR DIVORCED?
Requesting a Waiver of the Joint Filing Requirement
You should NOT file a Joint Application if you are no longer living with your spouse, are separated or in the process of divorce. You may face charges of fraud or misrepresentation if you do so and be placed in Immigration Court Removal Proceedings.
You can seek a waiver of the joint filing requirement if you are unable to file your Form I-751 jointly with your U.S citizen spouse or parent. This would be due to death, divorce, abuse or other applicable circumstances.
The following documents (whichever is applicable) will have to be submitted together with your waiver request:
- A copy of the death certificate
- A copy of the divorce certificate
- Proof of abuse or cruelty such as police reports, medical reports, social worker reports, photographs of injuries etc.
- Documentation of the reason you are filing your application separately from your parent’s application
- Evidence proving that you will undergo “extreme hardship” if you are removed from the U.S if that is your reason for your application of the waiver.
USCIS is on the lookout for fraudulent marriages and will be very strict in assessing your application. Our office can help you prepare your petition and help avoid unnecessary issues and possible denial. Our fee range for the I-751 process is $1800-$3500 depending on your particular circumstances.
There is also a filing fee required by USCIS. As of 2021, the I-751 filing fee is $595 plus the required biometric fee of $85. The filing fee is updated from time to time so you should check the latest filing fees on www.uscis.gov .