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What does an I-751 denial really mean?

Irving, TX |

I filed an I-751 jointly then filed for a divorce and now filed an I-751 (good faith marriage waiver) i am hopeful that i will get my GC since it was a good faith marriage but if at all i get denied can i apply for a H1 visa and stay here, i have a real awesome job and dont want to leave it. If H1 is not possible and i happen to leave the states, will this I-751 denial follow me as a tag to any other countries i go for job or vacation etc..,

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Attorney answers 3


It depends on the ground for the denial. If there is a determination that you engaged into a fraudulent marriage, then H1 is not an option. You will need a fraud waiver.

This answer is for informational purposes only and should not be construed as legal advice.


The procedural consequences are straightforward: if the I-751 is denied, then after 30 days, you will be issued a Notice to Appear and placed in removal proceedings- there is a policy memo making this non-discretionary. To get an H1B after an I-751 denial, you would need to leave the country promptly, and come back with a valid H visa.

This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.


The fact that you tried to immigrate can create complications. It's unclear whether the fact that the condition expired and you were denied a joint petition and/or self petition will affect you.

You should have a competent and experienced immigration attorney review the evidence that proves that your marriage was entered into based upon a good-faith relationship. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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