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

Asked over 1 year ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

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

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

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    Answered . 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 ailalawyer.com. Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  3. Philip Alan Eichorn

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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.

  4. Ann Elizabeth Block

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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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