Battered Spouse Waiver of Joint Petition to Remove Condition on Residence

If you were subject to battering or extreme cruelty by your spouse, you may be eligible to file a waiver to remove the condition on your residency.

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The spouse of a U.S. citizen or lawful permanent resident (LPR) obtains only conditional residency if the marriage was less than two-years old. The condition on the residency must be removed during the 90 days immediately before the two-year anniversary of the date you received your conditional resident status. This removal requires a joint petition by both the husband and wife.

An exception of the joint petition exists for those who have been subject to battering or extreme cruelty by their US citizen or resident spouse. If the waiver is approved, the condition will be removed without the assistance of the abusive partner.


  • Keep your residency status
  • Preserve your future eligibility for U.S. citizenship
  • Terminate abusive relationships without losing your immigration benefits


Am I eligible for a battered spouse waiver?

  • Demonstrate the marriage was entered into in good faith
  • During the course of the marriage, the conditional resident was subject to battering or extreme cruelty by the U.S. citizen spouse and the conditional resident was not at fault for the failure to timely file to remove the condition
  • In the case of a child applicant, the battering or extreme cruelty must have occurred at the hands of her U.S. citizen or lawful permanent resident parent


Our attorneys will prepare a packet documenting the good faith marriage and the battery or extreme cruelty suffered. The removal of the condition is filed on Form I-751. If you require an interview, your attorney will conduct a mock interview to ensure you are fully prepared.

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Battered Spouse Waiver of Joint Petition to Remove Condition on Residence Our Law Firm Typical Law Firm
Price $2,000 $3,000
Includes Full Representation Yes No
Flat-Fee Contracts Yes No
Zero Interest Payment Plans Yes No
Price-Match Yes No
24-Hour Case Status Updates Yes No
Specialize in Immigration Yes No
Top-Rated Attorneys Yes No
Award-Winning Customer Service Yes No

Frequently Asked Questions

How do I show I was subject to battery or extreme cruelty?

An applicant must prove that she has been subject to battery or extreme cruelty. The following may be useful in demonstrating the abuse suffered:

-Copy of reports or official records documenting the abuse or the effects of the abuse on the battered immigrant or her child issued by school officials and representatives of social service agencies; -Medical records documenting the frequency and extent of any injuries; -Police records of calls or complaints; -Court records documenting arrests, convictions, or the issuance of protection orders; -Affidavits from police, judges, medical personnel, school officials, battered woman’s advocates or shelter workers, mental health professionals treating the victim or her children, social service agency personnel, and witnesses to the domestic violence incidents documenting the emotional abuse or injuries that resulted from the abuse; -Affidavit from the applicant; -An original evaluation by a professional such as a licensed social worker, psychologist, or psychiatrist to show extreme mental cruelty; -Copy of divorce decree if marriage was terminated by divorce on grounds of physical abuse or mental cruelty; -Copy of the custody order if the decision to grant custody was based on a finding of domestic violence.

How do I show my marriage was entered in good faith?

USCIS will consider evidence relating to the couple’s commitment to the marriage and assess whether it was a marriage made in good faith. The intent of the parties at the time they were married will be examined. The following documents may be useful in proving that a good-faith marriage existed:

-Birth certificates of children born into the marriage; -Lease or mortgage contracts, affidavits of landlords and neighbors, documents showing joint occupancy; -Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installment or other loans; -Affidavits by people who have known both spouses since the conditional residence was granted, attesting to their personal knowledge of the marital relationship, in addition to the personal knowledge of their courtship or dating; -Photographs form the wedding, family vacations, special events, holiday celebrations.

I did not apply for the waiver by the deadline. Can I still apply?

Yes, as long as the conditional resident was not at fault for the failure to timely file to remove the condition.

Read more FAQ about our Battered Spouse Waiver of Joint Petition to Remove Condition on Residence service.