[google-translator]
Are you eligible for a Form I-751 waiver? Find out the eligibility criteria and the required documents for the waiver.
A foreign citizen who marries a citizen of the United States will receive a “conditional” green card that will allow them to live there for two years.
The spouses must apply for a permanent residency visa jointly or separately within 90 days of the conditional green card expiring in two years.
Then, the newlywed foreign national may continue to reside in the US without the support of their US citizen spouse by submitting a Form I-751 Waiver.
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Do I Need to File an I-751 Form?
The I-751 waivers are only necessary for those people who are married US citizens and want to remain in the country but are unable to file a combined application to obtain their permanent green cards.
[google-translator]
Usually, those who choose to submit an I-751 exemption include those who:
- their US-citizen spouse is deceased
- divorced their spouse
- emotional or physical abuse
- or any other reason one may not want to move forward with their new spouse.
Required Documents for Form I-751 Waiver
According to the Northwest Immigrant Rights Project, there are numerous ways to demonstrate that a marriage is real and not fake.
For example, you can use the following documentation samples to demonstrate that you entered marriage voluntarily.
- A “personal declaration” outlining your relationship with your spouse in precise detail
- The reasons you liked your spouse, whether you still do, and why you decided to get married.
- If you and your spouse are parents, you must show the birth certificate for each child.
- Photographs from your wedding or other occasions of you and your spouse and other family members and friends together.
- Declarations (formal letters) from those familiar with your relationship with your partner. People who can attest that your union was founded on emotional or family ties, who were present during your ceremonies, or who were acquainted with you as a married couple.
- Documents with your and your spouse’s names prove you shared finances, such as jointly purchasing a car, a home, furniture, or another item.
- A letter from the building manager or owner attesting to your cohabitation. Or a rental agreement for your home or apartment with both of your names.
- Bank statements or letters proving you had or have a joint savings or checking account.
- Documents such as Insurance papers proving you were or are still covered by your spouse’s health plan or that they are or were covered by your plan.
- Shared bills, such as electricity, water, heat, cable TV, phone, or others, show your and your partner’s name.
- Income tax papers that show your name and your spouse’s name.
- An identification card that shows that you use your spouse’s last name.
All evidence must be in English or have an English translation attached. Moreover, if you relocate from your spouse’s home, you must notify the USCIS of your new address within ten days.
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