Home > Research Legal Advice > Immigration > Can I file I - 751 battered spouse waiver while the divorce is not complete
Asked about 1 year ago - Austin, TX
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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
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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
