This is the simplest of the waivers, and is available to you if you have a final divorce or your spouse is deceased. You must show a final termination of marriage either through divorce or death. A pending divorce case is insufficient to obtain a good faith waiver. However, note that you can still file your I-751 with the hopes that your divorce will be final by the time you receive a Request for Evidence from USCIS which gives you 87 additional days to respond with proof of termination of marriage. For this waiver, you also need to prove through documentary evidence, witness affidavits, interview testimony, etc. that your marriage was bona fide and not created solely to obtain permanent residence in the U.S.
Battered Spouse Waiver
If you do not have a final divorce or do not wish to file for one (out of fear or any other reason), you may file for a battered spouse waiver. You, again, need to show that your marriage was a good faith marriage AND that you have been subjected to extreme emotional cruelty or physical abuse during the course of your marriage. This also needs to be well documented through psychiatric evaluations, if you can obtain one, proof of good faith marriage, witnesses' and your very detailed affidavits (the more detailed your is, the better), and other available documentary evidence, though we have had cases granted where little or no evidence could be obtained by the spouse, but she came across as very credible and detailed in her affidavit and also at the time of her interview.
Extreme Hardship Waiver
This waiver is the most difficult of the three and should be sought only in rare circumstances when a divorce is not possible or practicable and there has been no abuse during the marriage. You need to show that your removal from the U.S. will create extreme hardship, which includes hardship to you as well, unlike other types of extreme hardship waivers. Again, make sure you amass country condition documentation, other documentary evidence and affidavits regarding what hardship you would suffer or permanent residents or U.S. citizens close to you would suffer if you were denied the waiver and removed from the U.S. Of the three types of waivers discussed in this guide, this one requires the most thorough documentation and detailed written and oral testimony regarding extreme hardship, which is a much higher standard than ordinary hardship, such as separation from family members, etc.
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