Going through a divorce is a challenging and emotional process, and it becomes even more complicated when it intersects with immigration matters. If you find yourself ending your marriage before or after filing an I-751 petition, which is used to remove conditions on your permanent residency ("Green Card") as the spouse of a U.S. citizen, it's crucial to take the appropriate steps to protect yourself.
The I-751 petition is typically filed jointly by both spouses as evidence of a marriage. However, divorce or separation before the United States Citizenship and Immigration Services (USCIS) makes a decision on your petition doesn't automatically mean the end of your immigration journey, even if your ex is uncooperative. You still have options.
Explore the I-751 Waiver Process
You may be eligible to file an I-751 waiver. This waiver allows you to proceed with the petition without the joint participation of your ex-spouse whenever you entered into a genuine marriage in good faith and any of the following apply:
To strengthen your I-751 waiver application, gather relevant evidence to demonstrate the genuineness of your marriage and the reasons for its termination. This may include your divorce decree or separation agreement, financial records, and affidavits from individuals with knowledge of your relationship. Your family immigration lawyers can guide you in assembling a comprehensive and persuasive documentation package.
It does not matter if you left your spouse or they left you, nor does it matter if the divorce was "for cause" or a no-fault divorce. What's important is that your petition is either filed in a timely manner or you were not at fault for any delays.
Be Prepared for Additional Documentation Requests
After submitting your I-751 waiver application, be prepared for the USCIS to request additional documentation or evidence to assess the validity of your marriage. Timely and accurate responses are crucial in addressing these requests, so maintain open communication with your attorney and ensure that all necessary information is provided within the given timeframe.
Ultimately, the USCIS may decide to approve your petition without any additional information or they may decide to ask you to attend an interview. If that happens, you want to make certain that you have experienced legal representation by your side.
For more information, reach out to family immigration lawyers near you.
Share8 June 2023
My son has been best friends with a little boy from up the street for about two years. When his family came to me and told me that they may be leaving because of immigration issues, my heart broke. Those two boys spend so much time together and I knew that my son and his friend would be scarred for life if they were separated like that. I told the family that I would do some digging and talk with an immigration attorney friend of mine and see what I could find out. This blog was created to help this family as well as any others going through immigration struggles.