and then got married after filing for political assylum and denied. I'm divorced with the person through whom I got my conditional green card and filed joined I-751. The marriage was real.Petition is stil under review. I remarried since then. I am scheduled to attend an interview for joint I-751 soon. Will they approve joint petition if my ex-husband comes to the interview with me and proves it was bona-fide? Or should I file a waiver prior?
No, USCIS must deny the joint petition. You will have to file a self petition now that you are divorced. Hopefully, based upon no fault/irreconciliable difference. The joint petition is no longer valid at USCIS once a divorce order is final. Your ex-husband's cooperation can help. You should consider hiring an experienced immigration attorney at this point. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
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Employment / Labor Attorney
You need to have a lawyer helping you. A joint petition can be filed only when parties are married and living together.
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You can simply ask them to amend the I-751 to be a waiver. You can ask now or at the interview.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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The jointly filed I-751 cannot be approved in your case because of the divorce.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
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