I. If the couple is filing a joint petition to remove the conditions on the alien spouse’s permanent residence, they must submit the following:
USCIS Form I-751 (Petition to Remove the Conditions on Residence) signed by both parties;
A copy of USCIS Form I-551 (Permanent Resident Card); and
Evidence that the marriage is not to evade the immigration laws. Examples of such evidence includes, but is not limited to:
Leases showing that the couple live in the same place;
Documents proving that the couple own property jointly; and
Birth certificates of anychildren the couple had together.
II. If the marriage was terminated by the death of the U.S. citizen or permanent resident spouse, the alien widow or widower must submit the following:
USCIS Form I-751;
A copy of USCIS Form I-551; and
Evidence that the widow or widower did not get married to evade the immigration laws. Examples of such evidence includes, but is not limited to:
Leases showing that the couple lived in the same place;
Documents proving that the couple owned property jointly;
Birth certificates of their children; and
Copy of the spouse's death certificate.
III. If the marriage was terminated other than by the death of the U.S citizen or permanent resident spouse, the alien must submit the following:
USCIS Form I-751;
A copy of USCIS Form I-551; and
Evidence that the marriage was entered into in good faith, and not to evade the immigration laws. Examples of such evidence includes, but is not limited to:
Leases showing that the couple lived in the same place;
Documents evidencing that the couple owned property jointly;
Birth certificates of their children;
Copy of the divorce or annulment decree; and
Evidence that the alien was not at fault in failing to file the petition on time, if applicable.
IV. If the alien and his child were battered or subjected to extreme mental cruelty by his/her spouse, the alien must submit the following:
USCIS Form I-751;
A copy of USCIS Form I-551; and
Evidence that the marriage was entered into in good faith and not to evade the immigration laws. Examples of such evidence includes, but is not limited to:
Leases showing that the couple lived in the same place;
Documents that prove that the couple owned property jointly;
Birth certificates of their children; and
Expert testimony proving that the alien and the child were battered or subjected to extreme mental cruelty. Examples of such testimony includes, but is not limited to:
Copies of police and medical records detailing evidence of physical abuse;
Evaluations by clinical social workers and psychologists showing evidence of mental cruelty; or
Copy of the divorce decree if the marriage was terminated because of physical abuse or mental cruelty.
Evidence that the alien was not at fault in failing to file the petition on time, if applicable.
Evidence that the termination of conditional resident status and the removal from the U.S. will cause the alien extreme hardship, includes but is not limited to the following:
USCIS Form I-751;
A copy of USCIS Form I-551; and
Evidence that the deportation would cause greater hardship than the hardships created when other aliens are removed from the United States.
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