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What advise to you have in regards to my removal of conditions here is my situation. I entered the country legally on J1

San Rafael, CA |

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?

Attorney Answers 5

  1. 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 The joint petition is no longer valid at USCIS once a divorce order is final.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.

  2. You need to have a lawyer helping you. A joint petition can be filed only when parties are married and living together.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova

  3. If you filed a joint petition you need to withdraw that petition, and file a waiver to remove conditions based on the fact that the marriage was legitimate, but ended for reasons outside your control.

  4. 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.

  5. 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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