I obtained conditional
permanent resident status based upon a marriage with a U.S. citizen
spouse. Can I apply for the removal of conditions by myself based on
the cruelty by a U.S. citizen spouse?
residents are spouses of U.S. citizens who obtain permanent resident
status based upon a marriage of less than two years at the time of
approval. These individuals must file to remove the conditions, or the
status will expire after two years. The removal of conditions must be
filed jointly - that is, it must be signed by both spouses.
There is a waiver of the joint filing requirement if the conditional
permanent resident spouse has been subjected to battery or extreme
cruelty by a U.S. citizen spouse. If approved, the victim may have
her/his conditions removed on permanent residence, and thus will hold
permanent status, without the help of the abusive spouse.