Top Mistakes People Make When Filing Form I-751 with a Waiver of the Joint Filing Requirement (And How to Avoid Them!)

Apr 17

Filing Form I-751 to remove conditions on your green card is already a serious process—but when you're filing with a waiver of the joint filing requirement, it gets even more personal and complex. Whether your marriage ended in divorce, or you're seeking protection under VAWA, it’s important to file this petition correctly to avoid delays, RFEs (Requests for Evidence), or even denials.

Here are the most common mistakes people make when filing Form I-751 with a waiver—and how you can avoid them 👇

❌ 1. Not Providing Enough Proof of a Good Faith Marriage

USCIS needs to see that your marriage was real, even if it ended. Many applicants submit just a marriage certificate or a few photos. That’s not enough!

✅ Fix it:
Submit strong evidence of a real life together—like joint leases 🏠, bills 💡, bank accounts 💳, taxes 🧾, photos 📸, kids’ birth certificates 👶, and affidavits from friends or family.

❌ 2. Choosing the Wrong Waiver Category

There are three waiver options:

💔 Divorce or annulment
💪 Abuse or extreme cruelty (VAWA)
🌍 Extreme hardship if deported

Selecting the wrong one or checking multiple boxes without explanation can confuse your case.

✅ Fix it:
Pick the right waiver based on your situation, and if more than one applies, explain why and support it with clear evidence.

❌ 3. Filing Before Your Divorce Is Finalized (Can Lead to Complications)

USCIS may issue a Request for Evidence (RFE) asking for the final divorce decree, or in some cases, may reject the petition outright for lack of supporting documentation. While USCIS has previously exercised discretion by allowing petitioners time to submit the divorce judgment after filing, this is not guaranteed. It’s essential to ensure that your divorce is finalized and that you include a copy of the judgment when filing under this waiver category to avoid delays or denials.

✅ Fix it:
Speak with an immigration attorney before filing. You may need to wait for the final decree or file under a different waiver category, depending on your case 📅⚖️.

❌ 4. Forgetting to Write a Personal Declaration 💬

Your story matters. USCIS wants to hear your explanation of the relationship and what led to the divorce or separation.

✅ Fix it:
Write a detailed, honest declaration. Include the timeline of your relationship, reasons for the separation, and how the marriage was real. This is your chance to tell your side ✍️💖.

❌ 5. Missing the Filing Deadline ⏰

Many people miss the filing window and panic—or file late without an explanation.

✅ Fix it: If you're filing late, don't stay silent about it. USCIS allows late filings only if you provide a written explanation with supporting evidence showing that the delay was due to extraordinary circumstances beyond your control. Examples include medical emergencies, abuse, mental health struggles, or unexpected legal complications. Be honest and thorough—explain why you couldn’t file on time, when the issue began, and what steps you took once you were able to move forward. USCIS will review your explanation and determine whether to accept your late filing.

❌ 6. Submitting the Wrong Form or Outdated Fee

Using the wrong version of Form I-751 or sending the incorrect fee can lead to automatic rejection 🚫.

✅ Fix it:
Download the latest form directly from USCIS.gov and double-check the fee before mailing it in 💻📬.

❌ 7. Not Updating USCIS on Address or Life Changes 📦📞

If you move or your divorce becomes final while your petition is pending, not informing USCIS can cause delays or confusion.

✅ Fix it:
Always file Form AR-11 to update your address and notify USCIS of any changes in your case status.

❌ 8. Ignoring or Mishandling an RFE 🗂️

Getting an RFE isn’t the end—it’s a second chance. But some people panic, respond incorrectly, or ignore it.

✅ Fix it:
Read the RFE carefully. Respond completely and on time. If you’re unsure, get help from an immigration attorney 👨‍⚖️📅.

❌ 9. Not Seeking Help in Complicated Cases 🧩

If your case involves abuse, criminal history, long separations, or prior immigration issues, you should not go alone.

✅ Fix it:
Work with an immigration attorney to prepare a strong, well-documented petition from the beginning 💼📚.

💡 Final Thoughts

Filing Form I-751 with a waiver is not just paperwork—it’s a legal declaration of your past, your intentions, and your right to remain in the U.S. Mistakes can cost you time, stress, or even your legal status.

👉 Need help filing your I-751 waiver?
At Goxhaj Law Firm PLLC, we’ve helped hundreds of immigrants successfully remove conditions and navigate difficult cases. Contact us today to schedule a consultation. You don’t have to face this alone 💬💼🇺🇸

📞 Need Help with Your I-751 Filing?

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