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Can I file I - 751 battered spouse waiver while the divorce is not complete

Austin, TX |

Dear Attorneys,

I have a conditional green card. My spouse was very abusive and I am currently seeking divorce from him. Our divorce case is going on. My husband had dropped several emails to USCIS in order to deport me. A domestic voilence group has suggested to me that I should file I-751 before divorce is finalized because One of their clients who had a similar situation like mine was deported soon after her divorce based on her husband's false emails to USCIS.
The validity of my green card ends May 2013.

Should I file I - 751 under battered spouse waiver before divorce has not finished? Is it legal?

What all documents should I collect and attache with I-751?

Do I need to Attach divorce decree as well if I am filing under Battered spouse waiver?

Thanks so much answering

Attorney Answers 3


  1. Hi,

    I am sorry to hear that story. I strongly recommend to hire an immigration attorney. I-751 waiver process is a complex process.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


  2. You do not have to be divorced from your abusive spouse if you seek the battered spouse waiver. You should retain a lawyer or BIA credited non-profit representative to do this for you.

    -Dan
    Daniel Green, Esq.
    www.hudsonvalleyimmigrationlaw.com
    lawyer@hudsonvalleyimmigrationlaw.com
    Location: 684 Aaron Court, Kingston, NY
    Mailing Address: PO Box 3238, Kingston, NY 12402
    Tel: 347-245-7078/845-853-7302


  3. I agree with my colleagues. There are several charitable groups that can assist you such as Catholic Immigration Services. You do need an attorney to assist you.

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