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Do i need an immigration lawyer

Detroit, MI |

if my us citizen wife divorced me before the remove second interview at the immigration for removing the conditions what should i do?

Attorney Answers 5


  1. I would need some more information. Do you have a final divorce document? Or is the divorce still in process? Have you filed the I-751 yet?

    You will most likely be able to apply to remove the conditions even with the divorce. You should consult with an immigration attorney quickly to make plans for how to proceed.

    This internet-based communication with the Law Office of Michael Carlin PLLC or any individual member of the office does not establish an attorney-client relationship. Confidential information should not be sent through this form.


  2. It is possible to file for a waiver of the joint filing requirement You will be required to demonstrate that you and your wife had a legitimate marriage but that things just didn't work out despite your intentions when you got married. I strongly encourage you to seek the advice of an attorney before filing your I-751.


  3. You still have a chance to remove the condition even if you are divorced. Please consult with an attorney.

    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.


  4. Dear Sir,
    If your US citizen wife were to divorce you prior to the second interview, you would then have to send the proof of the divorce and file a waiver with the USCIS (immigration) in an effort to maintain your residence. You would need to prove that the marriage was entered into in good faith, so I would recommend strongly that you begin to gather as much proof as possible of the validity of the marriage. This will be a factual presentation to the immigration officer as if you were going to court. Therefore, it would be most helpful to retain counsel to prepare. If your case were denied by USCIS, then you could go before the immigration judge by the way.


  5. I would retain an experienced immigration lawyer to help you. For more information on removing the conditions of your permanent residence after divorce and filing Form I-751, see my article here: http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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