Filing Form I-751 without your spouse (waiver)
You normally file Form I-751 together with your spouse. If you can’t, because your spouse died, you divorced, you were abused, or losing your status would cause extreme hardship, you can ask USCIS to waive the joint filing requirement and file on your own.
Checked against USCIS guidance on September 21, 2026. The sources are listed at the end of this page.
The waiver reasons
USCIS lists these grounds. You can ask for more than one at the same time:
- Death: you (or your parent) married in good faith, but your spouse (or stepparent) died
- Divorce or annulment: you married in good faith, but the marriage ended
- Abuse: you married in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse, or a child was abused by a parent or stepparent
- Extreme hardship: ending your status and removing you from the U.S. would result in extreme hardship
When to file a waiver
Unlike a joint petition, a waiver isn’t tied to the 90-day window. USCIS says you can request it before or after that period, until a final removal order has been issued. A petition filed on your own because of your spouse’s death can also be filed any time before your status expires.
What to send for each waiver
| Waiver | Evidence (on top of your green card copy and good-faith marriage evidence) |
|---|---|
| Death of spouse | The death certificate; relationship evidence up to the date of death |
| Divorce or annulment | The final decree, and evidence of the circumstances of how the relationship ended |
| Abuse | Evidence of abuse. USCIS accepts any credible evidence and decides its weight. Fee: $0 |
| Extreme hardship | Evidence of the extreme hardship |
You still have to show the marriage was entered in good faith, except for the hardship waiver. That is the question USCIS is deciding.
If you are separated or the divorce isn’t final
USCIS says that if you are still married but legally separated or in divorce or annulment proceedings, it sends a request for evidence asking for the final decree. That applies whether you filed a waiver or a joint petition. If you filed jointly, you also send a statement that you want the petition treated as a waiver. Once USCIS has the final decree within the response period, it amends the petition.
Get help with a waiver
Waiver cases, especially abuse and hardship waivers, turn on evidence and judgment. An immigration attorney or a DOJ-accredited representative can help. If you are in danger, contact local emergency services first. USCIS also has information for people in a forced marriage.
Frequently asked questions
Can I file Form I-751 without my spouse?
Yes, with a waiver of the joint filing requirement, if your spouse died, the marriage ended in divorce or annulment, you or your child were abused by your spouse, or removal would cause extreme hardship.
Can I file Form I-751 if I am divorced?
Yes. File with a divorce waiver, showing you married in good faith, and include the final divorce or annulment decree and evidence of how the relationship ended.
What if my divorce isn’t final yet?
USCIS will send a request for evidence asking for the final decree. If you filed jointly, you also send a statement asking that the joint petition be treated as a waiver.
When can I file an I-751 waiver?
Any time before or after the 90-day window, until a final removal order is issued. It isn’t limited to the 90 days before the card expires.
Is there a fee for an I-751 abuse waiver?
No. USCIS’s fee schedule lists $0 for a waiver based on battery or extreme cruelty.
Can my spouse cancel my conditional green card?
A spouse can refuse to sign a joint petition, but that doesn’t end your case by itself. If one of the waiver grounds applies (death, divorce or annulment, abuse, or extreme hardship), you can file on your own, and USCIS decides the petition on the evidence. This is a situation to take to an immigration attorney.
More I-751 guides
Sources
General information from USCIS guidance, not legal advice. MyCheck is not affiliated with USCIS or any government agency, and doesn’t file forms or judge whether a marriage qualifies. Fees and addresses change: check USCIS.gov before you file. If you missed your deadline or are filing a waiver, talk to an immigration attorney.
