We have filed jointly for 1-751, but the situation at home is getting really tense. I may have to file for divorce in the next few months. I have had my bio-metrics done but the immigration office is 9 months behind schedule. What do i need to do, if my divorce is final before i hear from USCIS
You will need to file for a waiver of the joint petition.
You should 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.
I agree with Avv. Ferrari ... you need to convert the I-751 .. not too easy to do .. but possible with the help of a good lawyer.
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
Hi - I'm sorry you're going through this. If your divorce is final before your interview on the I-751 (assuming there is an interview), the law allows you to refile with just your signature on the second page of the I-751. The law requires that the divorced petitioner file his/her divorce decree and proof that the marriage was made in good faith. If there was domestic violence, the divorced petitioner will need some proof of that - either through an Affidavit or other evidence. I would be happy to help if you further. My number is 301 578 4444. Best of luck.
This is not legal advice and should not be construed as such. I am providing general information about the law. I am not yet your attorney, but would be happy to enter into an attorney-client relationship with you if you wish. The time and space limitations of an on-line referral system do not provide me with enough information or opportunity to provide a detailed consultation.Please seek out a detailed consultation with a licensed attorney.
I agree there is a way. As long as the marriage was entered into in good faith, a waiver may be available for you to file without being married or without your spouse's participation. This would require a confidential consultation to know the details. So much "depends" on the facts of each case.
Any information I provide through this service is strictly informational in nature and should not be misinterpreted as legal advice in your particular case. Every case is different and each case may have unique facts. Without conducting a complete interview or consultation on your case, it is impossible to provide a complete and reliable legal evaluation of your immigration case. Please feel free to call or email me to set up an office consultation or telephonic consultation based on a completed intake questionaire.
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