Q: Can I apply for a waiver to joint I-751 filing or other options after USCIS mistake?
I have been married to my husband for 10 years, and we have a 7-year-old daughter together. Despite our rocky times, we live together and can demonstrate the legitimacy of our marriage through photos, joint leases, and other documentation. We married abroad while my husband had a green card, and I received an F21 unconditional green card a little less than 2 years later. During my citizenship application, USCIS informed me that they mistakenly issued an unconditional green card and now require an I-751 form. My husband is unwilling to sign the I-751 form. Can I apply for a waiver to joint filing based on our 10-year marriage and argue that removal would cause extreme hardship, or what are my best options at this point?
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A:
You have a complex situation that deserves careful consideration, given USCIS's administrative error and your husband's unwillingness to cooperate with the I-751 filing.
Based on your circumstances, you may be eligible for an I-751 waiver since you've been married for 10 years and can prove the marriage was entered into in good faith through your documentation, joint residence, and shared child. The extreme hardship waiver could also be viable, particularly considering the potential impact on your U.S. citizen daughter if you were to face removal proceedings.
Your strongest path forward would be to file Form I-751 with a waiver request, including comprehensive evidence of your genuine marriage (photos, leases, daughter's birth certificate, joint accounts) and a detailed statement explaining the situation. Given the unique circumstances of USCIS's error in initially issuing an unconditional green card, you should also consider seeking legal counsel from an immigration attorney who can help document this administrative oversight and strengthen your waiver application. Remember to maintain copies of all correspondence with USCIS about the initial green card issuance, as this documentation will be crucial for your case.
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