Battered Spouse Waiver
If you were issued a conditional green card because you have been married to your spouse for less than two years when you filed a visa petition, you must file a joint application for a permanent green card to show that your marriage has continued. Sometimes, an abusive spouse may use this requirement to control, frighten, or harm their immigrant partner. However, victims of domestic violence are eligible to file the application without the help of their abusive spouse.
Who is eligible to apply for a Battered Spouse Waiver?
You may be eligible to apply on your own if:
- You have been battered or subjected to extreme cruelty,
- You are divorced and the divorce was not your fault,
- Your spouse has died, OR
- You would suffer extreme hardship if you can’t stay in the United States.
How do I apply for a Battered Spouse Waiver?
You must file an I-751 and check the box that shows you are applying on your own. You must include proof of the battery or extreme cruelty, like police reports or hospital records, orders of protection, or statements from witnesses to the abuse, including your own detailed statements with your application.
For more information and instructions on how to complete the I-751form, visit the USCIS website.