I-751 question

Asked over 1 year ago - San Juan Capistrano, CA

I am about to file for a I-751 waiver, but I did not live with my wife after the green card arrived and she petitioned for divorce approximately 1.5 months after I got my card. It was filed in California where it is a no fault state, so no complaint was declared. I have a feeling that the USCIS might reject me, but I would like to know if I could have a chance in front of the immigration judge or going away from my wife immediately after the green card is not going to looked at positively by the immigration judge either?

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Why are you being so pessimistic? Your I-751 can still be won at the USCIS level by invoking one or more of the various exceptions that exist to the joint filing requirement. But you are certainly not going to solve your problem or get your case approved if you file the I-751 on your own by relying on general responses from a blog such as this one. Hire an immigration attorney now. Before it gets too late and you made lots of mistakes.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Richard Ehizogie Oriakhi

    Contributor Level 3

    1

    Best Answer
    chosen by asker

    Answered . Whenever you file for a I-751 waiver, you need to show that you entered into the underlying marriage in good faith, and show the bona fides of the marriage. It doesn't matter if the adjudication is before the USCIS or the Immigration Judge.

    You should definitely hire a good immigration lawyer who will be able to analyze the situation and guide you through this process. Good luck!

  3. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . Being successful before USCIS or an IJ would depend on whether you can show that the marriage was entered into in good faith, even though a separation immediately followed. I'd recommend you consult with and hire a reputable and experienced immigration attorney to help you with your waiver. Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  4. Theodore John Murphy

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There are a exceptions to the general rule involving I-751s but you should contact an attorney for help.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,745 answers this week

2,628 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,745 answers this week

2,628 attorneys answering