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

Asked almost 2 years ago - 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. Karen-Lee Pollak

    Contributor Level 19


    Lawyers agree

    Answered . Talk to an attorney to discuss your options.

  2. Raphael Samuel Moore

    Contributor Level 16


    Lawyers agree

    Answered . 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-... more
  3. Nicolette Glazer

    Contributor Level 12


    Lawyers agree

    Answered . 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.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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