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My husband and I were married for almost 4 years. We filed joint I-751 petition to remove conditions. We got separated and

Sacramento, CA |

divorced in December 2012. I have a letter to appear for the interview with my spouse. We are no longer married. He will come anyway to support me and answer immigration officer questions. We are going to show the final divorce paper which took place a few months ago and ask the officer to convert joint petition into a waiver based on good faith marriage.
My ex husband is willing to testify as a witness that it was bona fide marriage. We are going to bring all the paperwork with us. Did you have cases like this in your practice? Do you think officer has authority to convert joint petition into a waiver and interview both of us?

Attorney Answers 4

  1. I strongly recommend you consult with a reputable Immigration attorney immediately, and hire one to accompany you to the interview. Your divorce makes your case more complicated, and having an attorney present will be beneficial in case legal issues arise during the interview. You can find an attorney at Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]

  2. Not only should you retain a lawyer to attend the interview, you and your ex should meet with that lawyer ahead of time and ensure that he is going to testify as you expect. Otherwise he could go in to the interview and say things that are contrary to your interest. While it may not happen to you, I've seen this before and it's better to be as certain as possible.

  3. You need to file an I-751 waiver petition.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (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. USCIS practice in the past is to require a waiver be filed, not convert joint petition to waiver, even though it is on the same form. Yes, I have I-751 waivers in my practice in Sacramento/Davis. You want to take action quickly, or you will end up doing this partly in removal proceedings in immigration court, which will be much more costly and time consuming.

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