I751 filed jointly, scheduled for interview but now got separated. What to do?

Asked over 1 year ago - New York, NY

My USC husband and I where having marital issues when filed i751 jointly. Now we are contemplating divorce and just received a letter from USCIS scheduling us for an interview. We have been together for 10 years and married for over 4, But we are having issues in our marriage and I am contemplating divorce. Should i file for a i751 waiver? if so, when? our interview is in 2 weeks. They would give me 87 days and I am afraid the divorce would not be finished by that time because we have not file and we have not even decided for divorce yet. What is the best for me to do? Thanks in advance for your time.

Attorney answers (3)

  1. Kristina A. Gasson

    Contributor Level 12


    Lawyer agrees

    Answered . I sounds like you need a good attorney to help you. You won't be eligible to file a new I-751 with a divorce waiver, because you are not divorced. Is he refusing to come to the interview with you? If you are having marital issues but you are still working on your marriage, you may want to consider going through with the interview as long as he is willing. Otherwise you will have to file a new I-751 with a hardship waiver.

    If he is refusing to attend with you, you may want to take a look at your options. I'll attach an article on the subject.

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement... more
  2. Nicklaus James Misiti

    Contributor Level 19

    Answered . No matter what make sure you go to the interview. How to handle it depends upon many factors, including whether you choose to divorce. I would highly recommend you retain an attorney immediately. My firm handles immigration and simple divorce matters in NY.
    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
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 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

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