Long story short, my husband and I decided to end our marriage in the 90 days I have to file for my GC, which will expire in the next couple days before our divorce papers will be filed or finalized. My question is that do I put that I am married (which as of now i still am) ? Also do I fill out the waiver part where it says that our marriage was ended by divorce? Please help! Thank you
I also attached a letter to I-751 explaining the situation
You absolutely need to hire an attorney for a waiver I-751. Believe me, it is in your interest to do so now, before your petition is denied and you are put into removal proceedings. En explanation letter is not enough here. You check off that you are married (because you are), and, by the time the I-751 interview rolls around (they are taking over a year at the moment), you can amend your petition. Good Luck.
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If you are still married you would need to put married however, you should seek a lawyer for your particular case since by merely having a letter explaining the situation would probably not be enough and you would need additional evidence.
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You cannot fill out the waiver request until your divorce is finalized. I would get an immediate consultation with an experienced immigration attorney to advise you of the best next action to take.
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You are anoint to cause immigration trouble for yourself. Call am attorney.
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This is a delicate, but not uncommon issue. I highly recommend that you consult with an immigration attorney to discuss this matter because there may be several steps involved in a case like yours. Since you are still married, you have to answer "yes" to the question about your marital status. And since you're still married, you cannot opt out of the joint-filing requirement. What may end up happening is that you file the I-751 jointly now - to avoid termination of your CPR status - and then later in the process indicate that the divorce is finalized and file another I-751 seeking a waiver of the joint filing requirement once the divorce is finalized. There's a lot more to it than this, and I agree with Attorney Vosbekian - it seems like you might be on the brink of causing yourself trouble. An ounce of prevention in the form of a consultation with an immigration attorney would be well advised at this juncture.
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