If your spouse refuses to join in the I-751 petition, you can still file Form I-751 with a waiver of the joint filing requirement. USCIS allows waivers in cases of divorce, abuse, or extreme hardship. In your case, you would file under the “good faith marriage” waiver, providing evidence that the marriage was entered in good faith despite difficulties. Supporting documents can include joint financial records, lease agreements, photographs, affidavits from friends and family, and communication history. The key is showing USCIS the marriage was legitimate.

A spouse who refuses to cooperate is not the end of the process. USCIS understands that marital issues happen and provides waivers so that conditional residents can still remove conditions. Your goal is to prove that the marriage was entered into in good faith and not solely for immigration purposes. You will need to submit a detailed explanation, along with supporting evidence that documents your shared life. Consulting an immigration attorney is strongly recommended to help structure your case effectively and avoid delays or complications.

When your spouse does not participate, filing with a waiver is the legal path forward. USCIS will scrutinize your evidence carefully, so include everything that demonstrates a genuine marital relationship, even during tough periods. Documentation of shared residence, joint accounts, health insurance, travel, and correspondence can be helpful. Letters from family or friends who know your relationship are also valuable. While the process may take longer than a joint filing, many applicants successfully remove conditions independently when evidence is thorough and well-organized.