The primary applicant for Form I-751 is the conditional permanent resident. This includes spouses who received their status through marriage. In most cases, you will file the form jointly with your U.S. citizen or lawful permanent resident spouse.

The petition can also include your dependent children if they received their conditional permanent resident status at the same time as you or within 90 days of your status being granted. If a child was not included on the parent’s petition, they may be able to file a separate I-751.

While a joint filing is the standard, USCIS understands that life circumstances can change. You can request a waiver of the joint filing requirement if:

• Your spouse has passed away.

• Your marriage has ended in divorce or annulment.

• You or your child were subjected to abuse or extreme cruelty during the marriage.

• The termination of your status would cause you extreme hardship.

I-751 filing deadlines and waiver eligibility are complex. Joint filing has a 90-day window, but waivers offer flexibility. Our firm has extensive experience with these types of cases, such as Petitions to Remove Conditions on Residence after divorce or annulment of matrimony. We can help you determine the correct filing type, prepare your petition, and submit evidence, so you can focus on your future.