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60 days remaining to file I-751, but my marriage is in trouble. Should I get divorced first and then file it, even late?

Seattle, WA |

I have been having problems with my wife, and and it seems that my marriage will not last. I only have 60 days to file my form I-751 to remove my conditional status, and I am not sure what to do. If I file for divorce (which we both want to do) I will not be able to file the form I-751 until I have the Decree of Divorce, right? Then I can file the I-751 with a waiver of the joint filing requirement, but I was wondering if this can create some issues to my status since the divorce process may take several months, and I only have 60 days to file the I-751. Is this the right way, or should I ask my wife to help me and do not file for divorce until the I-751 gets approved?

Attorney Answers 3


  1. Talk to an attorney to discuss your options.


  2. You really need to talk to an immigration attorney, so you can proceed correctly. This forum is not adequate for this detailed advice.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- thelaw@mytrustedlawyer.com


  3. You need to consult with an attorney. This is not a issue to resolve/decide in a forum like this.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship.

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