Waiver of Joint Filing Requirement on the Basis of Extreme Hardship
In an application for waiver of joint filing requirement on the basis of extreme hardship, USCIS considers circumstances that occurred during the period that the alien was admitted for Permanent Residence on a conditional basis. The Courts have held that “Extreme hardship encompasses more than the mere economic deprivation that might result from an alien's deportation from the United States. The readjustment of an alien to life in his or her native country after having spent a number of years in the United States is not the type of hardship that has been characterized as extreme.” Economic disadvantage alone does not constitute extreme hardship.
Waiver of Joint Filing Requirement on the Basis of a Good Faith Marriage
To determine whether alien entered into a marriage in good faith, for purposes of determining whether to grant his or her request for waiver of joint petition requirement for removing conditional Permanent Resident status, United States Citizenship & Immigration Services (USCIS) considers the degree of commitment to the marriage by both parties, noting the chronology of the courtship, marriage, and divorce, also considered is evidence of their joint and shared life together, including any documentation concerning their combined financial assets and liabilities, length of time during which they cohabited after marriage and after alien obtained conditional permanent resident status, and any other relevant evidence.
Waiver of Joint Filing Requirement on the Basis of Being a Battered Spouse or Subject to Extreme Cruelty
The waiver of joint filing requirement requires a showing that the marriage was entered into in good faith and that during the marriage, the conditional Permanent Resident alien was battered or subject to extreme cruelty. Police reports and hospital records can be key documents in establishing that battering or extreme cruelty existed, but not all cases of abuse contain these items. Waiver applications usually prompt a personal interview with USCIS Immigration examiner.
Dependent Children of a Conditional Permanent Resident
Dependent children of a conditional Permanent Resident who acquired conditional Permanent Resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child is deemed to have acquired conditional Resident status concurrently with the parent if the child's Permanent Resident status was acquired on the same date or within 90 days thereafter. A Child who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence.
Time spent as a conditional Permanent Resident counts towards the three years/five years requirement for Naturalization.