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Can I file I-751 for waiver while I don't have a divorce decree?

New York, NY |

We entered the marriage in a good faith in Sept.2010, I got conditional Green Card in Jun.2011, our son born in Dec.2011. For almost a year we live separate, I stayed overseas with my son at my mom's place. Now when I'll be needed to file I-751 in March I would like to file for waiver, alone, because soon or later we'll be divorced (we just started to fill out divorce papers,it's quite difficult since we're in touch via emails only). I don't have utility bill, and I don't have divorce decree or paper saying we're in the process of marriage termination. All I have from joint papers is bank statement of joint account, except marriage certif.and birth certif.of our son. So, the question is can I file for waiver when there is no divorce decree yet and when I'll have it is also undefined?

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Attorney answers 3


Yes, you can do it based on hardship, and later, if you need to change it, request to change it to a 751 waiver.

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.


See an attorney to handle the uncontested divorce, with custody, child support and visitation. Do not try to do it by yourselves.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


I agree with my colleagues.

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.