Can I file I-751 for waiver while I don't have a divorce decree?

Asked over 1 year ago - New York, NY

We entered the marriage in a good faith in Sept.2010, I got conditional Green Card in Jun.2011, our son born in Dec.2011. For almost a year we live separate, I stayed overseas with my son at my mom's place. Now when I'll be needed to file I-751 in March I would like to file for waiver, alone, because soon or later we'll be divorced (we just started to fill out divorce papers,it's quite difficult since we're in touch via emails only). I don't have utility bill, and I don't have divorce decree or paper saying we're in the process of marriage termination. All I have from joint papers is bank statement of joint account, except marriage certif.and birth certif.of our son. So, the question is can I file for waiver when there is no divorce decree yet and when I'll have it is also undefined?

Attorney answers (3)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . See an attorney to handle the uncontested divorce, with custody, child support and visitation. Do not try to do it by yourselves.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  2. Stephen D. Berman

    Contributor Level 20

    Answered . Yes, you can do it based on hardship, and later, if you need to change it, request to change it to a 751 waiver.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . I agree with my colleagues.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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