You’ll still need to file the I-751 petition to remove your conditional resident status. However, if you’re in the process of getting a divorce, rather than filing the I-751 jointly with your husband, you’ll have to request a waiver of the joint filing requirement.
There are 3 possible grounds for requesting a waiver: (1) that you would suffer extreme hardship if you are not allowed to remain in the US; (2) that you were abused by your spouse; and (3) the most common ground requested, that you married your husband in good faith but the marriage has subsequently ended.
When requesting an I-751 waiver, you need to submit a substantial, well-documented petition showing how you qualify for one of the 3 grounds mentioned-above and to do so should seek the advice and assistance of an immigration attorney.
If you’d like to discuss your case with me, please contact my office to arrange for a consultation.
Edward Weiner
Attorney at Law
E-mail: E.Weiner@immigration-aux-usa.com
Internet Site:
http://www.immigration-aux-usa.com/
