Should/Can I convert joinly filed I-751 to waiver?

Asked almost 2 years ago - San Francisco, CA

My husband and I filed my I-751 about six months ago. We are now getting a divorce and it will be finalized in a few months. Should/Can I convert my I-751 application to a waver? Will my GC be approved despite pending divorce? Despite finalized divorce? If so, will there be any complications when I apply for citizenship?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

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    Answered . Yes, you should convert it to a waiver if it is not approved prior to your divorce. You will have to prove that your marriage was bona fide.

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

    Pro

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . I-751 seeking waiver can be filed only after the divorce is finalized. Procedural issues regarding pending divorce, seeking withdrawal of the jointly filed petition, etc. should be discussed with a competent attorney.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Lalita Haran

    Contributor Level 14

    Answered . You could face problems at a later time in your immigration process.because of the pending divorce. You could convert. Seek consultation with an experienced attorney. Best Wishes!
    Lalita Haran
    13295 Illinois St., Ste. 128
    Carmel IN, 46032
    Ph: (317) 660-6174
    www.haranlaw.com

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