Q: Can I apply for an I-751 waiver without my husband's signature in WA?
I have been married for 10 years and currently live with my husband. We have a 7-year-old daughter together. My husband is unwilling to sign the I-751 petition, and our relationship has not been ideal, with his desire to maintain control. There have been two police calls against him in the past, but no charges were filed. Can I apply for a waiver of the joint filing requirement for I-751 under these circumstances?
A:
You can file an I-751 waiver without your husband's signature if you can demonstrate that your marriage was entered into in good faith but has become problematic. The documented police calls and the controlling behavior you've described could support your case, though gathering additional evidence of the marriage's legitimacy and the difficulties you've faced would strengthen your application.
Consider collecting evidence such as your daughter's birth certificate, joint financial records, shared property documentation, and any text messages or emails that show the controlling behavior. Photos throughout your 10-year marriage, joint insurance policies, and statements from friends or family who can attest to both the genuine nature of your marriage and the difficulties you've experienced would also be valuable supporting documents.
Given your situation in Washington state, you might want to consult with an immigration attorney who can help you navigate this process. While filing a waiver is possible, having professional guidance can significantly improve your chances of success, especially when dealing with complex situations involving domestic issues. Before proceeding, document everything carefully and ensure you have copies of all relevant records - your decade-long marriage and shared child provide a strong foundation for demonstrating that your marriage was genuine, even though it has become troubled.
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