Skip to main content

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..,

Attorney Answers 3


  1. 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.


  2. 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.


  3. 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.

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics