I-751 Files and issues in marriage possible divorce

Asked 11 months ago - Irving, TX

I posted this question an hour ago, but i am adding something to it, I got my GC through marriage to US Citizen,I have filed my I-751 on August 4th and got 1 yr extension, now there are problems in my marriage to such an extent that my wife took all her stuff and tried to run me over and took my car too and i am guessing she intends to divorce me (reason is she is in love with another guy) what should i do, i live in Irving,TX. Do i wait for original I-751 result while the divorce is getting processed or take it back and wait till divorce is finalized and then refile I-751 with a waiver.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . Cooperation is not enough. Either you file jointly while you live together or you need a waiver.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Andrew D. Slepian

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . he jointly filed I-751 will be denied without the cooperation of your spouse. You can actually file the I-751 by yourself (with a waiver of the joint filing requirement) before the divorce is final but you will ultimately receive a request from USCIS for proof of a divorce, so you may want to have the divorce rolling before you file the I-751.

  3. Angela Teide Moore

    Contributor Level 13

    3

    Lawyers agree

    Answered . You cannot get an approval for the jointly filed I-751 if your wife does not cooperate with you. You don't have to wait to be denied. I have handled cases such as this. You can actually make an amendement to the application, but you may not have enough time to get he divorce finalized before the waiver is decided on by USCIS. Contact an attorney to help make this less stressful for you.

  4. Angelique Giselle Montes

    Contributor Level 12

    Answered . You may need to file an amendment if your spouse is not cooperating.

    Angelique Montes, Esq., Immigration Attorney in Houston, Texas. This is not legal advice and a client-attorney... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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