I-751 waiver based on good faith marriage: hopeless?

Asked over 1 year ago - Los Angeles, CA

my spouse and i have decided to end our 1.5 year marriage. i have heard that getting a 1-751 waiver based on legit marriage is hard to get approved and only a few who can provide stacks of documental proof get called in for tough interview, and even then, only a few of those who get interviewed get approved. what do i do at this point? i dont want to get deported; my life is here. i only have joint tax return, joint bank account, joint car loan, and lots of pictures that i can think of. help!

Attorney answers (7)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . Cheer up! Your evidence looks good. Our law firm has been preparing I-751 waivers for over 25 years and we have yet to have one of our 751 clients deported.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Christian Schmidt

    Contributor Level 19


    Lawyers agree

    Answered . You will have to demonstrate that you tried to make your marriage work. A lof of factors go into that and your case may not be as difficult as you seem to see it. You should consult with an immigration attorney for an assessment of your case and not look for answers online.

  3. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . It is not completely hopeless. It is all fact specific and depends on the documents you have and your interview. Typically though waiver based I-751 petitions should be filed with the help of an experienced immigration attorney.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  4. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . It all depends on the qualify and amount of evidence submitted.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. Sanjay Augustine Paul

    Contributor Level 10


    Lawyers agree

    Answered . It's not hopeless - you just need to strategize and work with what you have. Every case is different and immigration officers understand that. What's important is that you provide all the evidence you can based on the facts of your case in an organized manner.

    Best of luck,

    -Sanjay Paul, Esq.
    (888) 373-2602

    This is not legal advice. No attorney client relationship exists between us.
  6. Obadan Unuigbojie Iziokhai


    Contributor Level 15


    Lawyers agree

    Answered . The evidence you have is good. You can also obtain affidavits from family and friends about your bona fide marriage.

    You should note that if you are filing a waiver based on a good faith marriage, you have to have been divorced from your husband. In the meantime, if you do not file an I-751 before the termination of your conditional residency, you become deportable and could be placed into removal proceedings. So consult with an immigration attorney to help you explore other I-751 waiver options.

  7. Nicklaus James Misiti

    Contributor Level 19


    Lawyers agree

    Answered . It's not hopeless. Hire an attorney experienced with these cases. My firm handles them.
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more

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

Get free answers from experienced attorneys.


Ask now

28,006 answers this week

2,963 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary