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Married & Divorced within the 2-year span of conditional permanent residency. Is there something to be worried about?

La Jolla, CA |
Filed under: Green cards

I have been granted permanent residence on a conditional basis 2 years ago which expired March 2012. I applied for I-751 April 2012. In those 2-year span, my husband & I went thru the process of divorce but we continuously live together and never lived apart. Legally, in paper we're divorced but we still live as married couples up to date. When I filed the I-751, I didn't apply for a waiver of a joint filing due to the fact that we still live together and he's still supporting me. Now, we're set up for an interview with INS. How are we going to present our case? What do we need to show that it is still a bonafide marriage regardless of the "legal divorce" that occurred. Is there anything we can do to make it right?

Attorney Answers 4


  1. You should hire an attorney immediately. The petition that you filed was a "joint" petition, yet you indicate that at the time of filing you and your husband were already in the process of divorcing - there could be an issue of fraud. Additionally, it seems you filed AFTER the deadline. There are too many issues to discuss in a forum such as this. You can email me at s.ouya@mainalaw.com if you have further questions.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. Your joint petition is invalid by the fact that you are divorced. There is no case to present. However, you can file an I-751 waiver or go to the interview without your husband and request that the joint petition be converted to an I-751 waiver. If the adjudicator agrees, you will be given more time to present documentation relating to the basis of the waiver.

    Now is really the time to speak to an immigration attorney.


  3. I agree with my colleagues.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. Hire an attorney immediately. Just because you live together does not mean you qualify as being married. If you are divorced you are not married and you have no case to present, the fact that you are submitting applications to immigration stating otherwise is a major concern. I would expect you will have serious issues at you interview, particularly if you have not retained an attorney to try to correct this by that time.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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