If you are a conditional green card holder facing abuse or extreme cruelty from your U.S. citizen or permanent resident spouse, you have the legal right to file Form I-751 on your own—without your spouse’s consent or knowledge.
This guide explains your protections under the Violence Against Women Act (VAWA) and how to safeguard your future in the U.S.
💡 What Is a VAWA-Based I-751 Waiver?
Normally, conditional green card holders must file Form I-751 jointly with their spouse to remove conditions. But if your spouse has been abusive, you can request a waiver based on battery or extreme cruelty—thanks to protections under VAWA.
✅ Who Qualifies?
You may qualify to file I-751 on your own if:
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You received a 2-year conditional green card through marriage
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Your U.S. citizen or green card spouse was abusive or extremely cruel
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You can show the marriage was entered into in good faith
Abuse may be physical, emotional, verbal, psychological, sexual, or financial. You do not need a police report or physical injuries to qualify.
📂 Evidence to Include
USCIS understands the sensitive nature of abuse. Still, strong documentation can help your case:
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Personal statement describing the abuse and timeline
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Medical records or therapy notes
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Police reports or restraining orders (if available)
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Photos of injuries (if applicable)
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Emails, texts, or voicemails showing threats or harassment
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Letters from counselors, friends, family, clergy
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Divorce or separation documents
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Proof your marriage was real (photos, leases, joint accounts)
⏰ When to File
You can file:
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During the 90-day window before your conditional green card expires
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Before or after expiration, as long as you explain the delay
There’s no need to wait for a divorce or your spouse’s involvement.
🧾 What Happens After Filing?
After submitting your I-751 with a VAWA waiver:
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You’ll receive a receipt notice extending your green card
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Biometrics (fingerprints) may be scheduled
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USCIS may request additional evidence or schedule an interview
In some cases, a VAWA-trained officer will review your case to protect confidentiality and reduce retraumatization.
⚖️ If Denied, What Next?
A denial may place you in removal proceedings, but an immigration judge can still approve your waiver. If this happens, it’s critical to work with a legal team that understands VAWA protections.
🤝 You Deserve Safety and Stability
Immigration status should never depend on staying in an abusive relationship. The law is on your side. If you’ve suffered abuse, don’t wait—you can take action to protect yourself and your right to remain in the U.S.