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What do you think is safer and smarter to do in my situation: I'm divorced and remarried. Filed joint I-751 with my ex husband

San Francisco, CA |

and it's still under review. Since i'm married can i just file new adjustment of status OR you think it's better and safer to file new I-751?

Attorney Answers 5


  1. I think you should retain an attorney and go over all of your options with that person who will know all of the details and intricacies of your specific case).

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  2. If your conditional Permanent Resident status is based on your marriage to your ex-husband, I would advise filing a new I-751 waiver based on being in a good faith marriage that terminated through divorce. I would advise consulting with an experienced immigration attorney to discuss your options in greater detail.

    Lisa Tehlirian, Attorney -- Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: lisa.tehlirian@ellisporter.com For more information about current issues and developments in immigration law, visit my blog: www.miimmigrationnews.com The information provided on my blog and Avvo is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.


  3. You really need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. The jointly filed petition will be denied considering the divorce. You should file I-751 seeking waiver. However you should discuss your case with an experienced immigration attorney who will seek more information and advise accordingly.

    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.


  5. This is what happens when people believe the I-751 is so easy to fill out . . . the form is free online . . . and the instructions are clear on the USCIS web site. However, nowhere on the Internet does it give advice as to any particular situation. All matters involving immigration law require the expertise of experience immigration counsel, because this is your life, your ability to remain in the USA. I wonder if you realize that if your I-751 is denied you you will be subject to removal and your re-marriage, even to a US citizen will not remedy this? You should immediately withdraw your joint petition and refile with the proper designation of a good faith marriage filing single after divorce. You are lucky you are divorced, it your divorce were pending, there are huge complicating factors. The bottom line is, seek competent immigration counsel. As they say, "Don't try this at home."

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