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Policy Manual
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INA
8 CFR
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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
      • Part A - Immigrant Policies and Procedures
      • Part B - Family-Based Immigrants
      • Part C - Adam Walsh Act
      • Part D - Surviving Relatives
      • Part E - Employment-Based Immigration
      • Part F - Employment-Based Classifications
      • Part G - Investors
      • Part H - Designated and Special Immigrants
      • Part I - Family-Based Conditional Permanent Residents
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Terms and Conditions of CPR Status
        • Chapter 3 - Petition to Remove Conditions on Residence
        • Chapter 4 - Joint Petitions and Individual Filing Requests
        • Chapter 5 - Waiver of Joint Filing Requirement
        • Chapter 6 - Decision and Post-Adjudication
        • Chapter 7 - Effect of Removal Proceedings
      • Part J - Special Immigrant Juveniles
      • Part K - CNMI Resident Status
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  1. Home
  2. Policy Manual
  3. Volume 6 - Immigrants
  4. Part I - Family-Based Conditional Permanent Residents
  5. Chapter 4 - Joint Petitions and Individual Filing Requests

Chapter 4 - Joint Petitions and Individual Filing Requests

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  • Guidance
  • Resources (14)
  • Appendices (0)
  • Updates (4)
  • History (0)

A. Joint Petitions

When the conditional permanent resident (CPR) spouse is still married to the same U.S. citizen or lawful permanent resident (petitioning spouse), the spouses file a Petition to Remove Conditions on Residence (Form I-751) jointly. A CPR child who cannot be included on the child’s CPR parent’s Form I-751 files a separate Form I-751 jointly with the petitioning stepparent.

A CPR and the petitioning spouse must jointly file Form I-751 within the 90-day period immediately preceding the second anniversary of the CPR receiving CPR status.[1] The one exception to this rule applies to CPRs and petitioning spouses overseas on military or government orders. The statute suspends the 90-day period during any period of time in which the CPR or the petitioning spouse is overseas on military or government orders.[2]

In a joint petition, the CPR and petitioning spouse or stepparent must establish that a qualifying, bona fide marriage exists and must submit evidence to show that the marriage was entered into in good faith and not to evade U.S. immigration laws.[3]

USCIS may not deny a joint petition solely because the spouses are separated or have initiated divorce or annulment proceedings. If all other eligibility requirements are met and both the CPR and petitioning spouse or stepparent appear for an interview (if requested by USCIS), USCIS approves the joint petition. However, if the divorce or annulment is finalized while the joint petition is pending, the CPR is no longer eligible to remove conditions using the joint petition. However, the CPR may request that USCIS amend the joint petition to a waiver based on divorce.[4]

If the joint petition does not contain sufficient evidence to establish eligibility, USCIS may issue a Request for Evidence (RFE) or schedule an interview or both.[5]

B. Deceased Petitioning Spouse

The death of a petitioning spouse after the CPR obtains permanent resident status excuses the general requirement that a Form I-751 must be a joint petition. If the petitioning spouse dies after the CPR obtained CPR status, the CPR may file the Form I-751 individually without having to qualify for a waiver of the joint filing requirement.[6] Such a filing is considered an individual filing request, not a waiver. A CPR child who cannot be included on the CPR parent’s Form I-751 may file a separate Form I-751 as an individual filing request based on the death of the petitioning stepparent.

If the petitioning spouse dies before filing a joint petition with the CPR, the CPR must file Form I-751 and check the appropriate box on the form to indicate that the petitioning spouse is deceased. In addition, the CPR must provide proof of the petitioning spouse’s death (for example, a death certificate).

If the petitioning spouse dies after filing a joint petition with the CPR and while the joint petition is still pending adjudication, the CPR must notify USCIS of the death and provide proof of death. USCIS then amends the joint petition and exempts the CPR from the requirement that the Form I-751 be jointly filed. There is no need for the CPR to file another Form I-751.

In both cases, the CPR must still establish that the qualifying marriage was bona fide and not entered into to evade U.S. immigration laws.[7] The officer should adjudicate an individual filing request in the same way as a joint petition and determine whether the qualifying marriage was bona fide and all other eligibility requirements are met.

If the CPR does not provide sufficient evidence to establish eligibility, USCIS may issue a Request for Evidence (RFE) or schedule an interview, if appropriate, or both.[8]

Footnotes 


[^ 1] See INA 216(c)(1). See 8 CFR 216.4(a)(1). A CPR may file the joint petition after the expiration of the 90-day period if the CPR establishes that there was good cause and extenuating circumstances for failing to file a timely joint petition. See Chapter 3, Petition to Remove Conditions on Residence, Section C, Filing Requirements, Subsection 2, Late Joint Filing [6 USCIS-PM I.3(C)(2)].

[^ 2] See INA 216(g)(1). For more information about procedures in cases involving military or government orders, see Chapter 3, Petition to Remove Conditions on Residence, Section D, Overseas on Military or Government Orders [6 USCIS-PM I.3(D)].

[^ 3] See 8 CFR 216.4(a)(5). See Chapter 3, Petition to Remove Conditions on Residence, Section A, Establishing a Bona Fide Marriage [6 USCIS-PM I.3(A)].

[^ 4] For information about changing the filing status from a joint petition to a waiver based on divorce, see Chapter 5, Waiver of Joint Filing Requirement, Section B, Good Faith Marriage (Divorce), Subsection 2, Separated But Not Yet Divorced [6 USCIS-PM I.5(B)(2)].

[^ 5] For additional information about RFEs, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section F, Requests for Evidence and Notices of Intent to Deny [1 USCIS-PM E.6(F)].

[^ 6] See INA 216(c)(1). See Matter of Rose (PDF), 25 I&N Dec. 181 (BIA 2010). For more information on INA 216(c)(4) waivers, see Chapter 5, Waiver of Joint Filing Requirement [6 USCIS-PM I.5].

[^ 7] See Chapter 3, Petition to Remove Conditions on Residence, Section A, Establishing a Bona Fide Marriage [6 USCIS-PM I.3(A)].

[^ 8] For additional information about RFEs, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section F, Requests for Evidence and Notices of Intent to Deny [1 USCIS-PM E.6(F)].

Resources

Legal Authorities

INA 201 - Worldwide level of immigration

INA 202 - Numerical limitations on individual foreign states

INA 203 - Allocation of immigrant visas

INA 204, 8 CFR 204 - Procedure for granting immigrant status

INA 216, 8 CFR 216 - Conditional permanent resident status for certain alien spouses and sons and daughters

Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act (PDF) - Penalties for disclosure of information

The Immigration Marriage Fraud Amendments of 1986 (PDF)

Forms

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-290B, Notice of Appeal or Motion

I-485, Application to Register Permanent Residence or Adjust Status

I-751, Petition to Remove Conditions on Residence

Other Materials

DHS Implementation of Section 1367 Information Provisions (PDF)

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Information for Conditional Permanent Residents Seeking to Change the Basis of Form I-751 From a Waiver Based on Battery or Extreme Cruelty to a Joint Petition (PDF, 162 KB)

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Family-Based Conditional Permanent Residents

December 12, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding family-based conditional permanent residents (CPRs).

Read More
Affected Sections

6 USCIS-PM I.1 - Chapter 1 - Purpose and Background

6 USCIS-PM I.2 - Chapter 2 - Terms and Conditions of CPR Status

6 USCIS-PM I.3 - Chapter 3 - Petition to Remove Conditions on Residence

6 USCIS-PM I.4 - Chapter 4 - Joint Petitions and Individual Filing Requests

6 USCIS-PM I.5 - Chapter 5 - Waiver of Joint Filing Requirement

6 USCIS-PM I.6 - Chapter 6 - Decision and Post-Adjudication

6 USCIS-PM I.7 - Chapter 7 - Effect of Removal Proceedings

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 317.68 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Version History

No historical versions available.

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