I-751 denied because husband withdrew his petition. Can I file again myself? What should I do if they did not set removal day?

Asked about 1 year ago - Houston, TX

My husband lied and said we did not have a real relationship at our I-751 interview. The USCIS officers were pressuring him and he said that he was just helping me. It is untrue but that day he withdrew his petition. Can I file on my own now? They did not set a day for removal proceedings yet, but my husband had treated me poorly from the start.

Should I refile 751 alone?

Attorney answers (6)

  1. Akanksha Kalra

    Contributor Level 14

    5

    Lawyers agree

    Answered . If you are still married, then you are required to file Form I-751 jointly; however, you may be able to apply for a waiver of the joint filing requirement if you are able to prove that you entered the marriage in good faith but have been battered or subject to extreme cruelty by your spouse. You should consult an experienced immigration attorney to discuss this further.

    Akanksha Kalra, Attorney at Law: 215-542-4905 or ak@akaimmigration.com Disclaimer: The information provided here... more
  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . Not on the facts you give. You can only file an I-751 by your self if you are divorced. Regardless, you must prove that your marriage was real.

    You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Marc Damien Sean Taylor

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree with my colleague, before you do ANYTHING, you need to obtain an experienced immigration attorney.

    You need to realize that this is a serious situation and it may not end as you hope.

    Good luck.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street,... more
  4. Simone Rosemarie Coley

    Contributor Level 11

    3

    Lawyers agree

    Answered . There is a battered spouse waiver, if he was physically or mentally abusive. This you could do alone.

    Simone Coley, Bachand & Bachand; 855-422-2426. 189 State Street, Suite 100, Bridgeport, CT 06604.
  5. Lena Korial-Yonan

    Contributor Level 11

    2

    Lawyers agree

    Answered . OK, so if I understand you, you want to file the I-751 alone and you currently have not yet filed for divorce? In other words, you need to be separated and have a divorce filed for you to file the I-751 alone as a self-petition. You also will be attesting that your marriage was bona fide and not for immigration reasons, and you will need to attach evidence to document that it was real. USCIS will send you a request and allow you 87 days from the day of the request for you to submit your final divorce decree. You need to retain an immigration lawyer.

    Lena Korial-Yonan, Esq.
    http://www.needimmigrationhelp.com

  6. Anu Gupta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Hi- if you are married, you do need to file jointly.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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