I-751 and divorce

C

carlfern

New Member
My wife (she is the sponsor) and I have been married for over three years, but this marriage just doesn’t work anymore and I’m thinking about divorcing her. In a few months I have to file the I-751 for removal of marriage condition and I’m thinking about applying for the waiver of joint filing requirement. But if I divorce now, I don’t know if the divorce will be final by the time I have to file the I-751. Do they provide an extension if my divorce is not yet final? Also, do most of these cases get approved if the marriage ended in divorce, even proving that it was in good faith? Does it make a big difference if I'm the one that wants to get a divorce but she doesn't?
 
carlfern said:
I posted this message over a day ago but I got no replies. Anybody, please?
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If you can help it, file I-751 while you are still married! USCIS will DENY your I-751 if you are divorced while the I-751 is pending. If you wanna file a waiver, then your divorce must be finalized before you can do so. Removal proceedings aint a pleasant thing to deal with.
 
you must have a divorce finalized in order to file I-751 and a lawyer is highly recommended for this type of cases. I believe that in your situation you will need to either wait for divorce to be finalized and then file 751 or file jointly to remove the conditions. I am unfortunate enough to be going thru this right now and just in process of putting all of the documentation together with my attorney, also it is very helpful if you attorney requests your file from INS to see what they have on file. Affidavits from wife are helpful as well as from other close friends/family. I have received different opinions from different lawyers about this type of cases, some say that it is virtually impossible to remove the conditions, others say that most of the time if your documentation is legit, in order and in full, there should be no problem.
 
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